Judgment of the General Court of 12 July 2012 - Evropaïki Dynamiki v Frontex
(Case T-476/07)
(Public service contracts - Frontex tendering procedures - Provision of informatics services - Rejection of a tender - Action for annulment - Admissibility - Obligation to state reasons - Award criteria - Manifest error of assessment - 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, lawyer)
Defendant: European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (Frontex) (represented by: S. Vuorensola, acting as Agent, and J. Stuyck and A. M. Vandromme, lawyers)
Re:
First, annulment of Frontex's decision rejecting the tender submitted by the applicant in response to the call for tenders Frontex/OP/47/2007 for the provision of 'informatics services, hardware, and software licences' (OJ 2007/S 114-139890) and of the decision to award the contract to a different tenderer and, secondly, a claim 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 Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (Frontex), including those reserved by the order of the General Court of 28 October 2008.
____________1 - OJ C 51, 23.2.2008.