CELEX: 62008TJ0591
Public service contracts
Tendering procedure
Provision of information technology services
Selection of the tenderer as second contractor in the cascade procedure
Action for annulment
Grounds for exclusion from the tendering procedure
Conflict of interests
Duty to state reasons
Manifest error of assessment
Equal treatment
Non-contractual liability

APPLICATION for (i) annulment of the Commission decisions of 17 October 2008 selecting the applicant’s tender as second contractor
in the cascade for Lots 2 and 3 under the call for tenders launched in the field of ‘Statistical Information Technologies’,
concerning advisory and development services relating to the format for the exchange of statistical data and metadata (SDMX)
(OJ 2008/S 120-159017), and of all further related decisions, including the decisions awarding the contract to other tenderers,
and (ii) damages.
Operative part
The Court:
1.
Dismisses the action;
2.
Orders Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE to bear its own costs and
to pay those incurred by the European Commission.