Judgment of the General Court of 24 April 2012 - Evropaïki Dynamiki v Commission

(Case T-554/08) 

(Public service contracts - Call for tenders - Provision of business, technical and project consultancy services for European Union computer applications in the customs, excise and taxation areas - Rejection of a tender - Decision to award the contract to another tenderer - Action for annulment - Inadmissibility - Claim in damages - Selection and award criteria - Duty to state the reasons on which a decision is based - Manifest error of assessment)

Language of the case: English

Parties

Applicant: Evropaïki Dynamiki - Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE (Athens, Greece) (represented by: N. Korogiannakis, P. Katsimani and M. Dermitzakis, lawyers)

Defendant: European Commission (represented initially by N. Bambara and E. Manhaeve, and then by E. Manhaeve, acting as Agents, and C. Erkelens, lawyer)

Re:

ACTION for annulment of the Commission's decision of 26 September 2008 rejecting the tender submitted by the consortium formed by the applicant and other companies in response to call for tenders 'TAXUD/2007/AO-005' relating to the provision of business, technical and project consultancy services for Community computer applications in the customs, excise and taxation areas ('TIMEA'), and all consequential decisions, including the decision to award the contract to the successful tenderer, brought pursuant to Articles 225 EC and 230 EC, and a claim in damages brought pursuant to Articles 225 EC, 235 EC and 288 EC.

Operative part of the judgment

The Court:

Dismisses the action;

Orders Evropaïki Dynamiki - Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE to pay its own costs and those incurred by the European Commission.

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¹ - OJ C 55, 7.3.2009.