Judgment of the General Court of 13 October 2015 — Intrasoft International v Commission
(Case T-403/12) 1
(Public service contracts — Tendering procedure — Technical assistance to the Customs Administration of Serbia to support the modernisation of the customs system — Conflict of interests — Rejection of a tenderer’s bid by the Delegation of the European Union to the Republic of Serbia — Implicit rejection of the complaint against the rejection of the bid)
Language of the case: English
Parties
Applicant: Intrasoft International SA (Luxembourg, Luxembourg) (represented by: S. Pappas, lawyer)
Defendant: European Commission (represented by: F. Erlbacher and E. Georgieva, acting as Agents)
Re:
Application, first, for annulment of the Commission’s letter of 10 August 2012, acting through the Delegation of the European Union to the Republic of Serbia, stating that the tendering procedure EuropeAid/131367/C/SER/RS, entitled ‘Technical assistance to the Customs Administration of Serbia to support the modernisation of the customs’ (OJ 2011/S 160-262712), could not be awarded to the consortium of which Intrasoft International SA was a part, and secondly, an application for the annulment of the alleged implicit decision rejecting the complaint made by the applicant against the letter of the 10 August 2012.
Operative part of the judgment
The Court:
Annuls the decision rejecting the tender of the consortium of which Intrasoft International SA was part, contained in the letter of 10 August 2012 drafted by the Delegation of the European Union to the Republic of Serbia as the European Commission’s subdelegated contracting authority and relating to the tendering procedure EuropeAid/131367/C/SER/RS, entitled ‘Technical assistance to the Customs Administration of Serbia to support the modernisation of the customs system’;
Dismisses the remainder of the action;
Orders the Commission to pay the costs including those relating to the proceedings for interim relief.
____________1 OJ C 343, 10.11.2012.