Judgment of the Court of First Instance of 12 November 2008 - Evropaïki Dynamiki v Commission
(Public service contracts - Invitation to tender concerning support services for the system of registries established under Directive 2003/87/EC - Rejection of a tender - Decision to award the contract to another tenderer - Manifest error of assessment - Obligation to state the reasons on which the decision is based - Claim for damages)
Language of the case: English
Parties
Applicant: Evropaïki Dynamiki - Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE (Athens, Greece) (represented by: N. Korogiannakis and N. Keramidas, lawyers)
Defendant: Commission of the European Communities (represented by: M. Wilderspin and E. Manhaeve, acting as Agents)
Re:
Application for, first, annulment of the Commission's decision of 19 October 2006 to reject the applicant's offer in a call for tenders for support services for the system of registries established under Directive 2003/87/CE of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC (OJ 2003 L 275, p. 32), the Community independent transaction log (CITL), with technical maintenance and user support (OJ 2006 S 102), and an application for annulment of the decision to award the contract to another tenderer and, secondly, a claim for damages.
Operative part of the judgment
The Court:
Dismisses the action;
Orders Evropaïki Dynamiki - Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE to pay its own costs and those incurred by the Commission.
____________1 - OJ C 42, 24.2.2007.