Judgment of the General Court (SecondChamber) of 20 September 2011 - Evropaïki Dynamiki v Commission
(Public service contracts - Community tendering procedure - Supply of external services for educational programmes - Award of the contract to several tenderers - Tenderer's ranking - Action for annulment - Obligation to state the reasons on which the decision is based - Grounds for exclusion from the contract award procedure - Article 93(1)(f) of the Financial Regulation - Tender validity period - Non-contractual liability)
Language of the case: English
Parties
Applicant: Evropaïki Dynamiki - Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE (Athens, Greece) (represented by: N. Korogiannakis and M. Dermitzakis, lawyers)
Defendant: European Commission (represented by: N. Bambara and E. Manhaeve, Agents, assisted by P. Wytinck, lawyer)
Re:
APPLICATION, first, for annulment of two Commission decisions, communicated in two separate letters of 12 May 2009 ranking the applicant, for its tenders in response to the open call for tenders EAC/01/2008 for external service provision for educational programmes (ESP-ISEP) (OJ 2008/S 158-212752), for Lot No 1 (IS (information system) Development and Maintenance) and for Lot No 2 (IS (information system) Studies, Testing, Training and Support), as second contractor for each of those lots and, secondly, for damages
Operative part of the judgment
The Court:
Dismisses the action;
Orders Evropaïki Dynamiki - Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE to bear its own costs and to pay those incurred by the European Commission.
____________1 - OJ C 233, 26.9.2009.