Judgment of the General Court of 26 January 2022 — Leonardo v Frontex

(Case T-849/19) (1)

(Public supply contracts - Tendering procedure - Aerial surveillance services - Action for annulment - No interest in bringing proceedings - Inadmissibility - Non-contractual liability)

(2022/C 128/26)

Language of the case: Italian

Parties

Applicant: Leonardo SpA (Rome, Italy) (represented by: M. Esposito, F. Caccioppoli and G. Calamo, lawyers)

Defendant: European Border and Coast Guard Agency (Frontex) (represented by: H. Caniard, C. Georgiadis, A. Gras and S. Drew, acting as Agents, and by M. Umbach, F. Biebuyck, V. Ost and M. Clarich, lawyers)

Re:

First, application under Article 263 TFEU seeking annulment of the contract notice FRONTEX/OP/888/2019/JL/CG of 18 October 2019 entitled ‘Remotely Piloted Aircraft System (RPAS) for Medium Altitude Long Endurance Maritime Aerial Surveillance’, as amended, of the documents included in the annex thereto, of the questions and answers published by Frontex, of the minutes of the Information Meeting held at Frontex’s premises on 28 October 2019, of the decision awarding that contract and of any other prior, associated or subsequent act, and, secondly, application under Article 268 TFEU seeking compensation for the damage which the applicant claims to have suffered.

Operative part of the judgment

The Court:

1.	Dismisses the action;

2.	Orders Leonardo SpA to bear its own costs and to pay those of the European Border and Coast Guard Agency (Frontex), including those relating to the proceedings for interim measures.

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(1)  OJ C 54, 17.2.2020.