Judgment of the General Court of 20 September 2011 - Evropaïki Dynamiki v EIB
(Public service contracts - Tender procedure - Provision of services in the form of assistance in the maintenance, support and development of an information technology system - Rejection of a tenderer's bid - Contract awarded to another tenderer - Action for annulment - Admissibility - Jurisdiction - Obligation to state reasons - Right to an effective remedy - Transparency - Proportionality - Equal treatment and non-discrimination - Selection and award criteria - Action for damages - Admissibility - Loss of profit)
Language of the case: English
Parties
Applicant: Evropaïki Dynamiki - Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE (Athens, Greece) (represented by: N. Korogiannakis and P. Katsimani, lawyers)
Defendant: European Investment Bank (EIB) (represented by: C. Gómez de la Cruz and T. Pietilä, Agents, and J. Stuyck, lawyer)
Re:
Application, first, for annulment of the EIB's decision of 31 January 2008 not to accept the tender submitted by the applicant in connection with a call for tenders for the provision of services in the form of assistance in the maintenance, support and development of an information technology system and to award the contract to another tenderer, on the basis of Articles 225 EC and 230 EC, and, second, for damages, on the basis of Articles 225 EC, 235 EC and 288 EC.
Operative part of the judgment
The Court:
Annuls the decision of the European Investment Bank (EIB) not to accept the tender submitted by Evropaïki Dynamiki - Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE in the context of call for tenders 2007/S 176-215155 for the provision of services in the form of 'assistance in the maintenance, support and development of the Loans Front Office system (Serapis)' and to award the contract to Sybase BVBA;
Dismisses the action as to the remainder;
Orders the EIB to pay the costs.
____________1 - OJ C 19, 24.1.2009.