Judgment of the General Court of 23 November 2011 - bpost v Commission
(Case T-514/09)
(Public service contracts - Tendering procedure of the PO - Daily transport and delivery of the Official Journal, books, other periodicals and publications - Rejection of the tender of a tenderer and decision to award the contract to another tenderer - Award criteria - Obligation to state the reasons on which the decision is based - Manifest error of assessment - Non-contractual liability)
Language of the case: English
Parties
Applicant: bpost NV van publiek recht, formerly De Post NV van publiek recht (Brussels, Belgium) (represented by: R. Martens, B. Schutyser and A. Van Vaerenbergh, lawyers)
Defendant: European Commission (represented by: E. Manhaeve and N. Bambara, Agents, assisted by P. Wytinck, lawyer)
Re:
Application, first, for the annulment of the decision of the Publications Office of the European Union, communicated by letter of 17 December 2009, to reject the tender submitted by the applicant under invitation to tender No 10234 'Daily transport and delivery of the Official Journal, books, other periodicals and publications' (OJ 2009/S 176-253034) and award the contract to the successful tenderer, and, second, for damages.
Operative part of the judgment
The Court:
Dismisses the action;
Orders bpost NV van publiek recht to pay the costs, including those relating to the interlocutory proceedings.
____________1 - OJ C 51, 27.2.2010.