Judgment of the General Court (Seventh Chamber) of 9 September 2010 – Carpent Languages v Commission
(Case T-582/08)
Public service contracts – Community tendering procedure – Organisation of meetings and conferences – Rejection of a tenderer’s bid – Award of the contract to another tenderer – Duty to state reasons – Manifest error of assessment – Equal treatment
1. European Communities’ public procurement – Conclusion of a contract following a call for tenders – Discretion of the institutions – Judicial review – Limits (see. para. 28)
2. Acts of the institutions – Statement of reasons – Obligation – Scope – Decision, in the procedure for awarding a public services contract, to reject a tender – Assessment having regards to information at the applicant’s disposal at the time the action was brought (Art. 253 EC; Council Regulation No 1605/2002, Art. 100(2); Commission Regulation No 2342/2002, Art. 149) (see paras 37-39, 43-46)
3. Actions for annulment – Pleas in law – Lack of or inadequate statement of reasons – Manifest error of assessment (Art. 230 EC) (see para. 51)
4. Actions for damages – Independent of actions for annulment – Limits – Identical pleas serving as the basis for both actions (Art. 288 EC) (see paras 84-86)
Re:
| ACTION brought against the Commission’s decision of 30 October 2008 rejecting the applicant’s bid for lot No 4 ‘Provision of teams of interpreters according to the linguistic requirements of each event’ of contract notice VT/2008/036 (Multiple framework contracts for meeting and conference organisation services), and the Commission’s decision of 17 November 2008 appointing the successful tenderer of lot No 4, and an application for a declaration that the Commission be ordered to pay damages in the event that the General Court does not grant the application for annulment of the decision rejecting the applicant’s bid. |
Operative part
The Court:
2. | | Orders Carpent Languages SPRL to pay the costs. |