Judgment of the General Court (Sixth Chamber) of 21 February 2013 — Evropaïki Dynamiki v Commission
(Case T‑9/10)
Public service contracts — Tender procedure — Supply of external services relating to the provision of electronic publications — Rejection of a tenderer’s bid — Award of the contract to another tenderer — Selection and award criteria — Obligation to state reasons — Manifest error of assessment
1. Acts of the institutions — Statement of reasons — Obligation — Scope — Decision, under the procedure for the award of a public service contract, to reject a tender — Assessment in the light of information available to the applicant at the time the action brought — Infringement — None (Art. 296 TFEU; Council Regulation No 1605/2002, Art. 100(2); Commission Regulation No 2342/2002, Art. 149(3)) (see paras 25-28, 37)
2. Non-contractual liability — Conditions — Unlawfulness — Damage — Causal link — Cumulative conditions — One of the conditions not satisfied — Action dismissed in its entirety (Art. 340, second para., TFEU) (see paras 70-73)
Re:
| First, application for annulment of the decision of the Publications Office of the European Union of 29 October 2009 in that it rejects the tender submitted by the applicant for Lot 2, entitled ‘Electronic publishing based on Microsoft SharePoint Server’, and, inter alia, awards the contracts to the successful tenderers, and in that it awards two contracts from Lot 3, entitled ‘Electronic publishing based on open-source platforms’, to an undertaking belonging to two different consortia, within the framework of the call for tenders AO 10224 for the provision of electronic publications (OJ 2009/S 109-156511), and, secondly, a claim for damages pursuant to Articles 268 TFEU and 340 TFEU. |
Operative part
The Court:
2. | | Orders Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE to bear its own costs and to pay the costs incurred by the European Commission. |