Judgment of the General Court of 20 March 2024 – Westpole Belgium v Parliament

(Case T-640/22) ¹

(Public service contracts – Tendering procedure – External provision of IT services – Rejection of a tenderer’s bid and awarding of lot to other tenderers – Exclusion criteria – No final judgment or final administrative decision establishing an infringement of competition law – Abnormally low tender)

Language of the case: French

Parties

Applicant: Westpole Belgium (Vilvoorde, Belgium) (represented by: A. Vercruysse, lawyer)

Defendant: European Parliament (represented by: K. Wójcik and E. Taneva, Agents)

Re:

By its application based on Article 263 TFEU, the applicant seeks the annulment of the decisions of the European Parliament of 3 October 2022 to award lot No 7 of the contract entitled ‘PE/ITEC ITS 19 – External Provision of IT Services’ to three other tenderers and not to award that lot to a consortium of which it is part and, before a ruling is given, the production of documents relating to the examination of the tenders by the contracting authority having regard to both a ‘possible exclusion situation’ and the prices proposed.

Operative part of the judgment

The Court:

Dismisses the action;

Orders Westpole Belgium to bear its own costs and to pay the costs incurred by the European Parliament, including those relating to the proceedings for interim relief.

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¹     OJ C 451, 28.11.2022.