Action brought on 22 April 2010 — Sviluppo Globale v Commission

(Case T-183/10)

(2010/C 179/75)

Language of the case: Italian

Parties

Applicant: Sviluppo Globale GEIE (Rome, Italy) (represented by: F. Sciaudone, lawyer, R. Sciaudone, lawyer, and A. Neri, lawyer)

Defendant: European Commission

Form of order sought

—	Annul the Commission decision of 14 February 2010;

—	Order the Commission to pay the costs.

Pleas in law and main arguments

The present action has been brought against the Commission’s decision of 14 February 2010 by which the Commission, in its capacity as contracting authority, notified Sviluppo Globale GEIE, the applicant, that it had excluded the consortium led by it from the short list drawn up for the restricted procedure EuropeAid/129038/C/SER/SY for the supply to the Syrian Government of technical assistance services designed to facilitate decentralisation and local development.

In support of its action for annulment, Sviluppo Globale GEIE alleges manifest error in the interpretation and application of the selection criteria laid down in the tender specifications. In particular, it argues, the Commission misapplied the selection criteria laid down in the tender specifications in respect of technical capability, thereby excluding the consortium led by Sviluppo Globale GEIE from the short list, despite the fact that it fulfilled the requirements laid down in those specifications. Such a manifest error on the part of the contracting authority can be seen clearly simply by comparing the technical capability requirements laid down for admission to the short list in question, on the one hand, with the actual technical capability of the consortium led by Sviluppo Globale GEIE, on the other.

Moreover, and in any event, Sviluppo Globale GEIE submits that the reasons stated for the exclusionary decision of 14 February 2010 are inadequate, in that no explanation is given as to why its tender does not satisfy the selection criteria relating to technical capability as laid down in the tender specifications.