Judgment of the General Court of 17 October 2012 - Evropaïki Dynamiki v Court of Justice

(Case T-447/10) 

(Public service contracts - Tender procedure - Provision of services for the maintenance, development and support of computer applications - Rejection of the applicant's tenders and award of the contracts to another tenderer - Selection criteria - Award criteria - Obligation to state reasons - 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: Court of Justice of the European Union (represented by: T. Lefèvre, Agent)

Re:

Application, first, for annulment of the decision of the Court of Justice of 12 July 2010 by which it rejected the applicant's tenders for lots 1 and 2 in invitation to tender CJ 7/09 of 11 November 2009 for the maintenance, development and support of computer applications (OJ 2009, S 217-312293) and of all further related decisions of the Court of Justice, including the decision to award the respective contracts to the successful contractors, and second, for damages.

Operative part of the judgment

The Court:

Annuls the decision of the Court of Justice of the European Union of 12 July 2010 rejecting the tenders submitted by Evropaïki Dynamiki - Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE in tender procedure CJ 7/09 of 11 November 2009 for the maintenance, development and support of computer applications and awarding the contracts to other tenderers;

Dismisses the action as to the remainder;

Orders the Court of Justice to pay the costs.

____________

¹ - OJ C 346, 18.12.2010.