Judgment of the Court of First Instance (Fourth Chamber) of 10 September 2008 – Evropaïki Dynamiki v Court of Justice

(Case T-272/06)

Public service contracts – Community tendering procedure – Rejection of bid – Selection and award criteria – Obligation to state reasons

European Communities’ public procurement – Conclusion of a contract following a call for tenders – Duty to comply with the principles of transparency, proportionality and equal treatment (Art. 253 EC; Council Regulation No 1605/2002, Art. 100(2)) (see paras 41-44)

Re:

APPLICATION for the annulment of the decision of the Court of Justice of 20 July 2006 not to accept the tender submitted by the applicant in response to the call for tenders of 5 July 2005 for services to maintain, develop and support computer applications, and to award the contract to the successful tenderer.

Operative part

The Court:

1. Annuls the decision of the Court of Justice to reject the tender submitted by Evropaïki Dinamiki – Proigmena Sistimata Tilepikinonion Pliroforikis kai Tilematikis AE, as communicated to the latter by letter of 20 July 2006;

2. Orders the Court of Justice to pay the costs.