Judgment of the General Court (Third Chamber) of 26 March 2010 – Proges v Commission

(Case T-577/08)

Public service contracts – Community tendering procedure – Programme for creation of land use models – Rejection of tenderer’s bid – Action for annulment – Interest in bringing proceedings – Admissibility – Award criteria

1.                     Procedure – Application initiating proceedings – Formal requirements – Identification of the subject-matter of the dispute – Application for compensation for damage allegedly caused by a Community institution – No brief summary of the pleas in law on which the application is based – Inadmissibility (Rules of Procedure of the General Court, Art. 44(1)(c)) (see paras 20-28)

2.                     European Communities’ public procurement – Conclusion of a contract following a call for tenders – Discretion of the institutions – Judicial review – Limits (see para. 36)

Re:

APPLICATION for annulment of the Commission decision of 29 October 2008 not to accept the tender submitted by the applicant in a tendering procedure relating to the implementation of a programme for the creation of land use models, and also a claim for damages for the losses incurred by the applicant.

Operative part

The Court:

1. Dismisses the application;

2. Orders Proges – Progetti di sviluppo Srl to bear its own costs and to pay those incurred by the Commission.