Judgment of the General Court of 14 July 2016 — Alesa v Commission

(Case T-99/14) (1)

((Public services contracts - Tendering procedure - Supply of technical assistance to the Chinese authorities for the purposes of the project ‘Sustainable urbanisation project - Link between the eco-cities of Europe and China (EC LINK)’ - Negotiated procedure - Article 266(1) of Delegated Regulation (EU) No 1268/2012 - Transparency - Equal treatment - Non-contractual liability))

(2016/C 314/25)

Language of the case: Italian

Parties

Applicant: Alesa Srl (Chieti, Italy) (represented by: N. Giampaolo, lawyer)

Defendant: European Commission (represented by: F. Erlbacher and A. Aresu, acting as Agents)

Re:

First, an application based on Article 263 TFEU and seeking annulment of the Commission decision, published in the Supplement to the Official Journal of the European Union (OJ 2013/S 234 405244), to award the public contract DCI-ASIA/2013/329-453, relating to the supply of technical assistance to the project ‘Sustainable urbanisation project — Link between the eco-cities of Europe and China (EC LINK)’ to a tenderer other than the applicant, secondly, an application based on Article 268 TFEU and seeking compensation for damage which the applicant allegedly suffered and, thirdly, an application based on Article 277 TFEU and requesting the General Court to assess ‘the lawfulness/unlawfulness and applicability/inapplicability’ of Article 266 of Commission Delegated Regulation (EU) No 1268/2012 of 29 October 2012 on the rules of application of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council on the financial rules applicable to the general budget of the Union (OJ 2012 L 362, p. 1), and of point 2.4.13 of the Practical Guide to contract procedures for European Union external actions.

Operative part of the judgment

The Court:

(1)  OJ C 102, 7.4.2014.