This document is an excerpt from the EUR-Lex website
Document 62021TA0038
Case T-38/21: Judgment of the General Court of 21 February 2024 — Inivos and Inivos v Commission (Public procurement — Negotiated procedure without prior publication of a contract notice — Supply of disinfection robots to European hospitals — Extreme urgency — COVID-19 — Non-participation of the applicants in the tendering procedure — Action for annulment — Lack of individual concern — Contractual nature of the dispute — Inadmissibility — Liability)
Case T-38/21: Judgment of the General Court of 21 February 2024 — Inivos and Inivos v Commission (Public procurement — Negotiated procedure without prior publication of a contract notice — Supply of disinfection robots to European hospitals — Extreme urgency — COVID-19 — Non-participation of the applicants in the tendering procedure — Action for annulment — Lack of individual concern — Contractual nature of the dispute — Inadmissibility — Liability)
Case T-38/21: Judgment of the General Court of 21 February 2024 — Inivos and Inivos v Commission (Public procurement — Negotiated procedure without prior publication of a contract notice — Supply of disinfection robots to European hospitals — Extreme urgency — COVID-19 — Non-participation of the applicants in the tendering procedure — Action for annulment — Lack of individual concern — Contractual nature of the dispute — Inadmissibility — Liability)
OJ C, C/2024/2426, 8.4.2024, ELI: http://data.europa.eu/eli/C/2024/2426/oj (BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
|
Official Journal |
EN C series |
|
C/2024/2426 |
8.4.2024 |
Judgment of the General Court of 21 February 2024 — Inivos and Inivos v Commission
(Case T-38/21) (1)
(Public procurement - Negotiated procedure without prior publication of a contract notice - Supply of disinfection robots to European hospitals - Extreme urgency - COVID-19 - Non-participation of the applicants in the tendering procedure - Action for annulment - Lack of individual concern - Contractual nature of the dispute - Inadmissibility - Liability)
(C/2024/2426)
Language of the case: English
Parties
Applicants: Inivos Ltd (London, United Kingdom), Inivos BV (Rotterdam, Netherlands) (represented by: R. Martens, L. Hoet and A. Van Laer, lawyers)
Defendant: European Commission (represented by: L. André and M. Ilkova, acting as Agents)
Re:
By their action, the applicants seek first, on the basis of Article 263 TFEU, annulment of the decision of the European Commission of 18 September 2020 to use a negotiated procedure without prior publication of a contract notice for the acquisition of disinfection robots (‘the decision to use the negotiated procedure without prior publication of a contract notice’), of the decision of 3 November 2020 to award that contract (‘the contested award decision’) and of the decision of 19 November 2020 to conclude the framework contracts with two operators, and a declaration that those framework contracts are null and void and, secondly, on the basis of Article 268 TFEU, compensation for the damage which they claim to have suffered as a result.
Operative part of the judgment
The Court:
|
1. |
Dismisses the action; |
|
2. |
Orders Inivos Ltd and Inivos BV to pay the costs, including those relating to the interim proceedings. |
ELI: http://data.europa.eu/eli/C/2024/2426/oj
ISSN 1977-091X (electronic edition)