Judgment of the Court of First Instance of 10 September 2008 - Evropaïki Dinamiki v Commission
(Public service contracts - Community tendering procedure - Provision of development, maintenance and support services for the financial information systems of the Directorate-General for Agriculture - Selection and award criteria - Rejection of a submitted tender - Obligation to state the reasons on which the decision is based - No manifest error of assessment - Principles of diligence and good administration)
Language of the case: English
Parties
Applicants: Evropaïki Dinamiki - Proigmena Sistimata Tilepikinonion Pliroforikis kai Tilematikis AE, (Athens, Greece) (represented by: N. Korogiannakis, lawyer)
Defendant: Commission of the European Communities (represented: initially by K. Banks and E. Manhaeve, and subsequently by E. Manhaeve and M. Wilderspin, acting as Agents)
Re:
Annulment of the decision of the Commission of 23 November 2004 rejecting the bid filed by the applicant in the tendering procedure for the provision of computer and related services linked to the information systems of the Directorate-General for Agriculture and of the decision of the Commission to award the contract to another bidder.
Operative part of the judgment
The Court:
The action is dismissed as being unfounded.
The Commission shall bear its own costs and shall pay one fifth of the costs incurred by Evropaïki Dinamiki - Proigmena Sistimata Tilepikinonion Pliroforikis kai Tilematikis AE.
Evropaïki Dinamiki shall bear four fifths of its costs.
____________1 - OJ C 106, 30.4.2005.