6.10.2014   

EN

Official Journal of the European Union

C 351/10

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annul the defendant’s award decision regarding the call for tender communicated to the applicant in its letter of 11 April 2014 and all further related decisions of the defendant, including the decision to award the contract to the winning tenderer (which has not been communicated to the applicants);

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annul the decision of the Director of the EIT of 25 April 2014, refusing to disclose the composition of the Evaluation Committee;

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order the defendant to provide the applicants with the compensation of damages for the loss of opportunity to be awarded a contract in the context of the call for tender, reaching the amount of 1 58  430,40 euros;

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order the defendant to pay the applicants’ legal and other costs and expenses incurred in connection with this application.

1.

First plea in law, alleging that the defendant mixed the selection and award criteria whereby it infringed Article 110 of the Financial Regulation (1) and Article 149 of the Delegated Regulation (2).

2.

Second plea in law, alleging infringement of Articles 105 and 113 of the Financial Regulation and Article 138 of the Delegated Regulation as the defendant used unknown criteria, which were not included in the Tender Specifications, when evaluating the tenders and infringed its obligation to specify the award criteria and their relative weighting or, where appropriate, the decreasing order of importance. The applicants further submit that the defendant relied on a discrete, discontinuous marking system, causing distortions and errors in the evaluation.

3.

Third plea in law, alleging that the defendant committed several manifest errors of assessment.

4.

Fourth plea in law, alleging infringement of Articles 2(3) and 8 of Regulation 1049/2001 (3) by refusing to disclose the composition of the Evaluation Committee, which would have allowed for the applicants to verify the absence of conflict of interests.