Order of the General Court (Seventh Chamber) of 6 May 2013 — Ethniko kai Kapodistriako Panepistimio Athinon v ECDC
(Case T‑577/11)
Action for annulment — Public service contracts — Tendering procedure — Provision to the ECDC of systematic review and expert guidance services on the public health effectiveness of molecular typing of viral pathogens — Rejection of a tenderer’s bid — Action in part manifestly inadmissible and in part manifestly lacking any foundation in law
1. Actions for annulment — Competence of the EU judicature — Claim seeking that directions be issued to an institution — Inadmissibility (Arts 263 TFEU and 266 TFEU) (see para. 12)
2. EU public contracts — Conclusion of a contract following a call for tenders — Discretion of the institutions — Judicial review — Limits (Art. 263 TFEU) (see paras 16, 19)
3. Acts of the institutions — Statement of reasons — Obligation — Scope — Decision, in the award of a public contract, not to accept a tender — Immediate communication of the grounds for rejecting the unsuccessful tenderer and provision, on demand, of additional information on the grounds for the rejection (Art. 296 TFEU; Council Regulation No 1605/2002, Art. 100(2); Commission Regulation No 2342/2002, Art. 149(3)) (see paras 21-25)
Re:
| APPLICATION for annulment of the ECDC’s decision of 25 August 2011 rejecting the bid submitted by the applicant in the tendering procedure PROC/2001/041 concerning the provision of systematic review and expert guidance services on the public health effectiveness of molecular typing of viral pathogens (OJ 2011/S 109-179084). |
Operative part
1. | | The action is dismissed. |
2. | | Ethniko kai Kapodistriako Panepistimio Athinon is ordered to bear its own costs and pay those incurred by the European Centre for Disease Prevention and Control (ECDC). |