This document is an excerpt from the EUR-Lex website
Document 62010TN0415
Case T-415/10: Action brought on 18 September 2010 — Nexans France v Joint Undertaking Fusion for Energy
Case T-415/10: Action brought on 18 September 2010 — Nexans France v Joint Undertaking Fusion for Energy
Case T-415/10: Action brought on 18 September 2010 — Nexans France v Joint Undertaking Fusion for Energy
OJ C 301, 6.11.2010, p. 58–59
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
6.11.2010 |
EN |
Official Journal of the European Union |
C 301/58 |
Action brought on 18 September 2010 — Nexans France v Joint Undertaking Fusion for Energy
(Case T-415/10)
()
2010/C 301/93
Language of the case: French
Parties
Applicant: Nexans France SAS (Clichy, France) (represented by: J.-P. Tran Thiet and J.-F. Le Corre, lawyers)
Defendant: European Joint Undertaking for ITER and the Development of Fusion Energy
Form of order sought
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rule that the procurement contract was awarded following a procedure during which the principles of legal certainty, legitimate expectations, transparency, equal treatment and proper administration were infringed; |
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rule that the defendant erred in law by leaving the applicant in doubt as to the defendant’s decision to reject the applicant’s tender without evaluating it, and by informing the applicant of that decision only by its letter of 16 July 2010; |
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rule that the defendant erred in law by rejecting the applicant’s tender on the basis of Article 120(4) of the rules for implementing its Financial Regulation; |
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declare the decision of 16 July null and void; |
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declare the decision of 8 July null and void; |
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declare all the acts adopted by the defendant subsequent to the decisions of 8 and 16 July null and void; |
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award the applicant appropriate compensation of EUR 175 453, plus interest from the date of delivery of judgment until full payment (subject to determination of the precise value of the procurement contract and final calculation of lawyers’ fees, which cannot be given until the conclusion of these proceedings); |
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in the alternative, if it appears at the time judgment is delivered that it is unlikely that a new call for tenders will be issued for the procurement contract, award the applicant appropriate compensation of EUR 50 175 453, plus interest from the date of delivery of judgment until full payment (subject to determination of the precise value of the procurement contract and final calculation of lawyers’ fees, which cannot be given until the conclusion of these proceedings); |
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order the defendant to pay the costs. |
Pleas in law and main arguments
The applicant seeks annulment of the decisions of the European Joint Undertaking for ITER and the Development of Fusion Energy rejecting the tender submitted by the applicant in tendering procedure F4E-2009-OPE-18 (MS-MG) for the conclusion of contracts for the supply of electrical equipment (OJ 2009/S 149-218279) and awarding the procurement contract to another tenderer. The applicant also seeks compensation for the loss allegedly caused by the contested decisions.
In support of its action, the applicant puts forward a number of pleas, alleging:
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infringement of the principles of legal certainty and transparency, since the defendant did not inform the applicant that its tender would be rejected without being evaluated if it refused to sign the draft contract annexed to the procurement contract, thus preventing the applicant from ascertaining the extent of its obligations as a tenderer; |
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infringement of the principle of legitimate expectations, since the defendant gave assurances to the applicant that it would not automatically reject its tender; |
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infringement of the principles of equal treatment and equal opportunity for tenderers for a public procurement contract in that:
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