CELEX: 62010TJ0006
Public service contracts
Call for tenders
Support for the customs and tax authorities in Kosovo
Rejection of a tenderer’s bid
Act not amenable to review
Confirmatory act
Inadmissibility
Access to documents
Regulation (EC) No 1049/2001
Documents relating to the call for tenders
Partial refusal of access
Exception concerning the protection of the commercial interests of a third party
Inadequate statement of reasons

APPLICATION, first, for annulment of the Commission’s decision of 10 November 2009 rejecting the tender submitted by the consortium
of which the applicant is a member in call for tenders EuropAid/127843/D/SER/KOS for the provision of support services to
the customs and tax authorities in Kosovo (OJ 2009/S 4‑003683) and, second, for annulment of the Commission’s decision of
26 November 2009 refusing the consortium access to certain documents relating to the call for tenders.
Operative part
The Court:
1.
Dismisses the action as inadmissible in so far as it is directed against the Commission’s decision of 10 November 2009 rejecting
the tender submitted by the consortium of which the applicant is a member in call for tenders EuropAid/127843/D/SER/KOS for
the provision of support services to the customs and tax authorities in Kosovo;
2.
Annuls the Commission’s decision of 26 November 2009 concerning access to certain documents relating to that call for tenders,
in so far as it refuses to grant access, in the disclosed version of the evaluation report, to the scores awarded by the evaluation
committee as set out on pages 3 to 5 of that report;
3.
Dismisses the action as to the remainder;
4.
Dismisses the applicant’s application for the instigation of measures of inquiry;
5.
Orders Sviluppo Globale GEIE to bear its own costs relating to the main proceedings and to pay three quarters of the costs
incurred by the Commission in those proceedings. Orders the Commission to bear one quarter of its costs relating to the main
proceedings;
6.
Orders Sviluppo Globale to bear all the costs relating to the application for interim relief in Case T‑6/10 R.