Judgment of the General Court of 20 October 2011 - Alfastar Benelux v Council
(Case T-57/09)
(Public service contracts - Tendering procedure - Provision of technical maintenance and help desk and on-site intervention services for the PCs, printers and peripherals of the General Secretariat of the Council - Rejection of a tender - Obligation to state the reasons on which a decision is based)
Language of the case: English
Parties
Applicant: Alfastar Benelux (Ixelles, Belgium) (represented by: N. Keramidas, lawyer)
Defendant: Council of the European Union (represented by: M. Balta, M. Vitsentzatos and M. Robert, Agents)
Re:
Application, first, for annulment of the Council's decision of 1 December 2008 to reject the tender submitted by the Alfastar-Siemens consortium, composed of Alfastar Benelux SA and Siemens IT Solutions and Services SA, in response to Call for Tenders UCA/218/07 for the provision of technical maintenance - help desk and on-site intervention services for the PCs, printers and peripherals of the General Secretariat of the Council (OJ 2008/S 91-122796) and to award the contract to another tenderer and, secondly, for damages.
Operative part of the judgment
The Court:
Annuls the Council's decision of 1 December 2008 to reject the tender submitted by the consortium composed of Alfastar Benelux SA and Siemens IT Solutions and Services SA, in response to Call for Tenders UCA/218/07 for the provision of technical maintenance - help desk and on-site intervention services for the PCs, printers and peripherals of the General Secretariat of the Council and to award the contract to another tenderer;
Dismisses the claim for damages;
Orders the Council of the European Union to pay the costs.
____________1 - OJ C 102, 1.5.2009.