Action brought on 6 April 2017 — Amplexor Luxembourg v Commission

(Case T-211/17)

Language of the case: French

Parties

Applicant: Amplexor Luxembourg Sàrl (Bertrange, Luxemburg) (represented by J.-F. Steichen, lawyer)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:

accept the present application as formally correct;

annul the decision of the Publications Office of the European Union of 13 February 2017 as to its substance;

accordingly, cancel the call for tenders No 10651;

order the defendant to pay all the costs;

reserve for the applicant all other rights, pleas and actions.

Pleas in law and main arguments

This action seeks the annulment of the decision of the Publications Office of the European Union of 13 February 2017 in so far as it places the applicant in second position in the call for tenders No AO 10651 — Processing of notices for publication in the Supplement to the Official Journal of the European Union (OJ S) (OJ 2016/S 143-258115).

In support of the action, the applicant relies on two pleas in law.

1.    The first plea in law alleges infringement of the rules and principles of EU law in so far as the Publications Office, by offering to tenderers which were not its contracting partners at the time of the submission the chance to benefit from greater funding in order to finance take-over costs, manifestly infringed the principle of equality. According to the applicant, such an approach, besides being gravely discriminatory, seriously undermines both the raison d’être and the foundations of public procurement procedures.

2.    The second plea in law alleges misuse of power.

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