Judgment of the General Court (Sixth Chamber) of 2 October 2014 —
Euro-Link Consultants and European Profiles v Commission
(Case T‑199/12)
Public service contracts — Tender procedure — Crimean tourism diversification and support project — Rejection of the applicants’ tender — Action for annulment — Measure not amenable to review — Confirmatory measure — Partial inadmissibility — Obligation to state reasons — Award criteria — Manifest error of assessment — Misuse of powers — Equal treatment
1. Actions for annulment — Action against a decision refusing to withdraw or amend an earlier act — Inadmissibility — Meaning of confirmatory decision — Reexamination of an earlier decision in reply to a claim of new and substantial facts — Not included — Concept of new and substantial facts — Scope (Art. 263 TFEU) (see paras 40-46, 52)
2. Acts of the institutions — Statement of reasons — Obligation — Scope — Decision, in the procedure for the award of a public service contract, not to accept a tender — Obligation to communicate, following a written request, the characteristics and relative advantages of the tender accepted and the name of the tenderer — No obligation on the awarding authority to provide a detailed summary of how every detail of the rejected tender was taken into account for assessment purposes or a detailed comparative analysis of the successful and unsuccessful tender (Art. 296 TFEU; Council Regulation No 1605/2002, Art. 100(2)) (see paras 62, 63, 66-68)
3. EU public contracts — Conclusion of a contract following a call for tenders — Discretion of the institutions — Judicial review — Limits (Council Regulation No 1605/2002) (see para. 77)
4. EU law — Principles — Equal treatment — Concept — Limits (see para. 78)
5. Judicial proceedings — Application initiating proceedings — Formal requirements — Brief summary of the pleas in law on which the application is based — None — Inadmissibility (Statute of the Court of Justice, Arts 21, first para., and 53, first para.; Rules of Procedure of the General Court, Art. 44(1)(c)) (see para. 99)
6. Actions for annulment — Pleas in law — Misuse of powers — Concept (see para. 103)
Re:
| APPLICATION for the annulment of the decision of 28 February 2012 of the European Union Delegation to Ukraine, in the restricted tender procedure EuropeAid/131567/C/SER/UA ‘Crimean tourism diversification and support project’, not to award the contract to the applicants’ consortium, and the subsequent decisions rejecting the applicants’ complaints made on 14 March 2012 by that authority and on 2 May 2012 by the Director of the Neighbourhood Directorate of the Commission’s Directorate General for Development and Co-operation — EuropeAid. |
Operative part
The Court:
2. | | Orders Euro-Link Consultants Srl and European Profiles AE Meleton kai Symvoulon Epicheiriseon to pay the costs. |