Judgment_paragraph 3 · NC v European Commission (T-151/16)

3In 2012 the Court of Auditors of the European Union carried out checks at the applicant’s headquarters in relation to the performance of the contract referred to in paragraph 2 above. It identified two purchases of equipment, concerning a vehicle and technical equipment, which give rise to doubts as to whether the tender procedures followed for those purchases, in November 2008 and in February 2009 respectively, were genuine. Accordingly, the European Anti-Fraud Office (OLAF) launched an investigation in the course of which it pointed out to the applicant that the latter had been unable to provide the suppliers’ tender documents and that the investigations had revealed that some of the bidders were linked to the single supplier which had been awarded both contracts. According to OLAF, the facts suggested that the applicant itself arranged matters so as to benefit that supplier. The applicant responded to OLAF but nevertheless, in August 2014, the latter stated, on completion of its investigation, that it was going to recommend that the Commission register the applicant in the Early Warning System provided for in Commission Decision 2008/969/EC, Euratom, of 16 December 2008 on the Early Warning System for the use of authorising officers of the Commission and the executive agencies (OJ 2008 L 344, p. 125).