Judgment of the General Court of 2 March 2010 - Evropaïki Dynamiki v EMSA
(Public service contracts - EMSA tendering procedures - Provision of information technology services - Rejection of the tender - Action for annulment - Jurisdiction of the Court - Non-compliance of a tender - Equal treatment - Compliance with the award criteria set out in the tender specifications or the contract notice - Establishment of sub-criteria for the award criteria - Manifest error of assessment - Obligation to state the reasons on which a decision is based)
Language of the case: English
Parties
Applicant: Evropaïki Dynamiki - Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE (Athens, Greece) (represented by: N. Korogiannakis, lawyer)
Defendant: European Maritime Safety Agency (EMSA) (represented by: W. de Ruiter and J. Menze, Agents and J. Stuyck, lawyer)
Re:
Action for annulment of the decisions of EMSA not to accept the tenders submitted by the applicant in tendering procedures EMSA C-1/01/04, relating to the contract entitled 'SafeSeaNet Validation and further development', and EMSA C-2/06/04, relating to the contract entitled 'Specification and development of a marine casualty database, network and management system', and to award those contracts to other tenderers
Operative part of the judgment
The Court:
1. Annuls the decision of the European Maritime Safety Agency (EMSA) to award the contract to the successful tenderer in tendering procedure 'EMSA C-2/06/04';
2. Dismisses the action as to the remainder;
3. Orders each party to bear its own costs.
____________1 - OJ C 106, 30.4.2005.