Judgment of the General Court of 26 March 2019 — Clestra Hauserman v Parliament

(Case T-725/17) (1)

(Public works contracts - Tendering procedure - Works relating to the ‘Removable partitioning - doors’ of the project to extend and modernise the Parliament’s Konrad Adenauer Building in Luxembourg - Rejection of a tenderer’s bid - Award of the contract to another tenderer - Obligation to state reasons - Abnormally low tender - Manifest error of assessment - Non-contractual liability)

(2019/C 164/46)

Language of the case: French

Parties

Applicant: Clestra Hauserman (Illkirch-Graffenstaden, France) (represented by: J. Gehin, lawyer)

Defendant: European Parliament (represented by: V. Naglič and B. Schäfer, acting as Agents)

Re:

First, claim under Article 263 TFEU for annulment of the Parliament’s decision of 24 August 2017 adopted in the context of tendering procedure INLO-D-UPIL-T-16-AO8 concerning Lot 55, entitled ‘Removable partitioning — doors’, of the project to extend and modernise the Parliament’s Konrad Adenauer Building in Luxembourg, rejecting the applicant’s bid and awarding the contract to another tenderer and, second, claim under Article 268 TFEU for compensation in respect of the loss allegedly suffered by the applicant.

Operative part of the judgment

The Court:

1.	Dismisses the action;

2.	Orders Clestra Hauserman to bear its own costs and to pay those incurred by the European Parliament.

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(1)  OJ C 13, 15.1.2018.