Judgment of the General Court of 10 April 2014 — Evropaïki Dynamiki v Commission
(Case T-340/09) 1
(Public service contracts — Call for tenders by the Publications Office — Assistance in the provision of publishing and communication services in connection with the CORDIS website — Rejection of a tenderer’s offers and decision to award the contracts to other tenderers — Classification of the tenderer’s offer — Obligation to state reasons — Article 148(1) and (3) of the Implementing Rules — 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 and M. Dermitzakis, lawyers)
Defendant: European Commission (represented by: represented initially by S. Delaude and N. Bambara, and subsequently by S. Delaude, acting as Agents, assisted by C. Erkelens, lawyer)
Re:
Application, first, for annulment of the decision of the Office for Official Publications of the European Communities, notified to the applicant by letter of 9 June 2009, not to select its tenders submitted in response to call for tender No 10017 (CORDIS) in relation to Lot B, entitled ‘Editorial and publishing services’, and Lot C, entitled ‘Provision of New Digital Information Services’, respectively, and to place its tender, submitted in response to that call for tenders in third position for Lot E, entitled ‘Development and Maintenance of Core Services’, and, second, for damages.
Operative part of the judgment
The Court:
Dismisses the action;
Orders Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE to bear 90% of its own costs and 90% of the costs incurred by the European Commission and orders the Commission to bear 10% of its own costs and 10% of the costs incurred by Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis.
________________________1 OJ C 267, 7. 11. 2009.