Allegation(s)

The Commission failed to ensure compliance with the principle of equal treatment and failed to avoid a conflict of interest because an employee of the successful tenderer participated in the drafting of the Terms of Reference of the relevant public tender.

Claim(s)

The Commission should annul (or terminate) the contract and organise a new tender procedure excluding the tenderer affected by the conflict of interest. Moreover, the Commission should compensate the harm suffered by the complainant.