Judgment of the General Court of 25 October 2012 - Astrim and Elyo Italia v Commission
(Case T-216/09)
(Public service contracts - Tendering procedure - Maintenances services for air conditioning, heating and ventilation systems - Ispra Joint Research Centre - Rejection of a tenderer's bid - Interpretation of a condition laid down in the contract specifications -Duty to state reasons)
Language of the case: Italian
Parties
Applicants: Astrim SpA (Rome, Italy) and Elyo Italia Srl (Sesto San Giovanni, Italy) (represented by: M. Brugnoletti and M. Civello, lawyers)
Defendant: European Commission (represented: initially by N. Bambara and E. Manhaeve, then E. Manhaeve and F. Moro, Agents, and D. Gullo, lawyer)
Re:
Action for annulment of the Commission Decision of 27 March 2009 rejecting the bid submitted by the applicants in connection with the call for tenders published on 25 October 2008 by the Commission for the award of routine and non-routine maintenance services for air conditioning, heating and ventilation systems at the Ispra Joint Research Centre (OJ 2008/S 208-274999), and, in the alternative, an application for partial annulment of point 17 of the invitation to tender.
Operative part of the judgment
The Court:
Dismisses the action;
Orders Astrim SpA and Elyo Italia Srl to pay the costs.
____________1 - OJ C 167, 18.7.2009.