Action brought on 8 November 2021 — ICA Traffic v Commission

(Case T-717/21)

(2022/C 2/71)

Language of the case: German

Parties

Applicant: ICA Traffic GmbH (Dortmund, Germany) (represented by: S. Hertwig and C. Vogt, lawyers)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:

Pleas in law and main arguments

In support of the action, the applicant relies on the following plea in law.

The decision of the European Commission, notified in the press release of 21 September 2021, to procure a further 100 robots despite the fact that the framework agreement has ceased to have effect infringes the principle of legality under EU law, enshrined in primary law in the second paragraph of Article 263 TFEU in conjunction with Article 264 TFEU.

In Case C-23/20, (1) the European Court of Justice ruled that once the maximum quantity specified in the contract notice was reached, the framework agreement ceased to have effect. The decision of the European Commission to now order a further 100 disinfection robots, on the basis of the framework agreement with UVD Robots APS concerning delivery of up to 200 disinfection robots, infringes Article 49 of Directive 2014/24/EU (2) of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC, and also Annex V, Part C, points 7, 8 and 10(a) in conjunction with Article 33 thereof and the principles of equal treatment and transparency set out in Article 18(1) of that directive.

(1)  Judgment of 17 June 2021, Simonsen & Weel, C-23/20, EU:C:2021:490.

(2)  OJ 2014 L 94, p. 65.