Judgment of the General Court of 15 October 2013 – European Dynamics Belgium and Others v EMA
(Case T-638/11) 1
(Public service contracts – Tender procedure of the EMA – Provision of software application support services – Rejection of a tender – Award criteria – Statement of reasons – Observance of the award criteria set out in the tendering specifications – Establishment of subheadings for the award criteria – Access to documents)
Language of the case: Greek
Parties
Applicants: European Dynamics Belgium SA (Brussels, Belgium); European Dynamics Luxembourg SA (Ettelbrück, Luxembourg), Evropaïki Dynamiki – Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE (Athens, Greece), and European Dynamics UK Ltd (London, United Kingdom) (represented by: V. Christianos, lawyer)
Defendant: European Medicines Agency (EMA) (London, United Kingdom) (represented initially by V. Salvatore and subsequently by T. Jabłoński and C. Maignen, acting as Agents, assisted by H.-G. Kamann and E. Arsenidou, lawyers)
Re:
Annulment of, first, decision EMA/787935/2011 of the European Medicines Agency of 3 October 2011, by which the tender submitted by the applicants in tender procedure EMA/2011/05/DV was rejected and, second, annulment of decision EMA/882467/2011 of the acting Executive Director of the EMA of 9 November 2011, by which the applicants’ confirmatory application for access to the tender procedure documents relating to the composition of the evaluation committee was rejected.
Operative part of the judgment
The Court:
Annuls decision EMA/787935/2011 of the European Medicines Agency (EMA) of 3 October 2011, by which the tender submitted by European Dynamics Belgium SA; European Dynamics Luxembourg SA, Evropaïki Dynamiki – Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE and European Dynamics UK Ltd in connection with tender procedure EMA/2011/05/DV was rejected;
Holds that there is no longer any need to adjudicate on the pleas seeking annulment of decision EMA/882467/2011 of the acting Executive Director of the EMA of 9 November 2011, by which the applicants’ confirmatory application for access to the tender procedure documents relating to the composition of the evaluation committee was rejected;
Orders the EMA to pay the costs.
____________1 OJ C 49, 18.2.2012.