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Document 62019TN0652
Case T-652/19: Action brought on 26 September 2019 — Elevolution — Engenharia v Commission
Case T-652/19: Action brought on 26 September 2019 — Elevolution — Engenharia v Commission
Case T-652/19: Action brought on 26 September 2019 — Elevolution — Engenharia v Commission
OJ C 399, 25.11.2019, p. 84–85
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
25.11.2019 |
EN |
Official Journal of the European Union |
C 399/84 |
Action brought on 26 September 2019 — Elevolution — Engenharia v Commission
(Case T-652/19)
(2019/C 399/103)
Language of the case: Portuguese
Parties
Applicant: Elevolution — Engenharia SA (Amadora, Portugal) (represented by: M. Marques Mendes, R. Campos, A. Dias Henriques, M. Troncoso Ferrer and C. García Fernández, lawyers)
Defendant: European Commission
Form of order sought
The applicant claims that the Court should:
— |
uphold the action and annul the decision in its entirety; |
— |
order the Commission to pay the costs of the present proceedings. |
Pleas in law and main arguments
In support of the action, the applicant relies on four pleas in law.
1. |
First plea in law, alleging an error in the European Commission’s decision of 12 July 2019, taken by the current Director of the Directorate-General for International Cooperation and Development (DEVCO), document Ares(2019)4611765 — 16/07/2019, which excludes the applicant, for a period of three years, from public procurement and from grant award procedures financed by the European Development Found (EDF) under Council Regulation (EU) 2015/323, and ordering the publication of the factual circumstances of that exclusion information on the Commission’s website:
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2. |
Second plea in law, alleging a failure to provide adequate reasoning and infringement of the law, specifically Article 143(5) of Regulation (EU, Euratom) 2018/1046 and Article 41 of the Charter of Fundamental Rights of the European Union and the right to good administration:
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3. |
Third plea in law, alleging infringement of Article 109(1)(b) (up to 1 January 2016) and Article 106(1)(e) (as of 1 January 2016), and subsequently of Article 47 of the Charter of Fundamental Rights:
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4. |
Fourth plea in law, alleging infringement of Article 136(3) of the Finance Regulation and the principle of proportionality as laid down in Article 49 of the Charter of Fundamental Rights:
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