Judgment of the General Court (Sixth Chamber) of 8 October 2015 —
Secolux v Commission
(Case T‑90/14)
Public service contracts — Tendering procedure — Safety checks — Rejection of a tenderer’s bid — Award of the contract to another tenderer — Non-contractual liability
1. EU public contracts — Tender procedure — Irregularity of the administrative procedure — Effects — Annulment of the contested decision — Conditions (see para. 34)
2. EU public contracts — Tender procedure — Award of contracts — Most economically advantageous tender — Award criteria — Observance of the principle of equal treatment of tenderers and of the principle of transparency (European Parliament and Council Regulation No 966/2012, Art. 110(2); Commission Regulation No 1268/2012, Art. 149(1) to (3)) (see paras 37, 38)
3. EU public contracts — Conclusion of a contract following a call for tenders — Abnormally low offer — Obligation on the awarding authority to implement an inter partes verification procedure — Scope — Award of the contract to the economically most advantageous offer (Commission Regulation No 1268/2012, Arts 149(2), and 151(1)) (see paras 60-62)
4. EU public contracts — Tender procedure — Obligation to comply with the principle of equal treatment of tenderers — No need absolutely to neutralise all the advantages of the contracting tenderer in place (European Parliament and Council Regulation No 966/2012, Art. 102(1)) (see paras 74-77)
5. Non-contractual liability — Conditions — Unlawfulness — Damage — Causal link — Cumulative conditions — One of the conditions not satisfied — Claim for compensation dismissed in its entirety (Art. 340, second para., TFEU) (see paras 93-95)
Re:
| First, application for annulment of the Commission’s decision of 3 December 2013 rejecting the tenders submitted by the applicant in the context of a call for tenders concerning the provision of safety checks services and, secondly, a claim for compensation for the damage allegedly suffered as a result of that decision. |
Operative part
The Court:
2. | | Orders Secolux, Association pour le contrôle de la sécurité de la construction, to bear its own costs and to pay those incurred by the European Commission. |