This document is an excerpt from the EUR-Lex website
Document 62020TA0761
Case T-761/20: Judgment of the General Court of 5 October 2022 — European Dynamics Luxembourg v ECB (Public procurement — Tendering procedure — Exclusion from the procurement procedure — Abnormally low offer — Attempts to unduly influence the decision-making process — Failure to observe the rules on communication — Proportionality — Obligation to state reasons — Misuse of powers — Non-contractual liability)
Case T-761/20: Judgment of the General Court of 5 October 2022 — European Dynamics Luxembourg v ECB (Public procurement — Tendering procedure — Exclusion from the procurement procedure — Abnormally low offer — Attempts to unduly influence the decision-making process — Failure to observe the rules on communication — Proportionality — Obligation to state reasons — Misuse of powers — Non-contractual liability)
Case T-761/20: Judgment of the General Court of 5 October 2022 — European Dynamics Luxembourg v ECB (Public procurement — Tendering procedure — Exclusion from the procurement procedure — Abnormally low offer — Attempts to unduly influence the decision-making process — Failure to observe the rules on communication — Proportionality — Obligation to state reasons — Misuse of powers — Non-contractual liability)
OJ C 463, 5.12.2022, p. 26–26
(BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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5.12.2022 |
EN |
Official Journal of the European Union |
C 463/26 |
Judgment of the General Court of 5 October 2022 — European Dynamics Luxembourg v ECB
(Case T-761/20) (1)
(Public procurement - Tendering procedure - Exclusion from the procurement procedure - Abnormally low offer - Attempts to unduly influence the decision-making process - Failure to observe the rules on communication - Proportionality - Obligation to state reasons - Misuse of powers - Non-contractual liability)
(2022/C 463/34)
Language of the case: English
Parties
Applicant: European Dynamics Luxembourg SA (Luxembourg, Luxembourg) (represented by: M. Sfyri and M. Koutrouli, lawyers)
Defendant: European Central Bank (represented by: I. Koepfer and J. Krumrey, acting as Agents, and by A. Rosenkötter, lawyer)
Re:
By its action, the applicant seeks, first, on the basis of Article 263 TFEU, annulment of (i) the decision of the Procurement Committee of the European Central Bank (ECB) of 1 October 2020 to exclude its tenders for the three lots in the procurement procedure Provision of services and works for IT application delivery, (ii) the decision of the ECB Procurement Review Body of 9 December 2020 and (iii) all the related subsequent decisions of the ECB; second, on the basis of Article 268 TFEU, it seeks compensation for the damage it allegedly suffered as a result of that exclusion.
Operative part of the judgment
The Court:
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1. |
Dismisses the action; |
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2. |
Orders European Dynamics Luxembourg SA to pay the costs. |