# C_2009082EN.01002702.xml

| 4.4.2009 | EN | Official Journal of the European Union | C 82/27 |
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4.4.2009

EN

Official Journal of the European Union

C 82/27

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Action brought on 9 January 2009 — Evropaïki Dynamiki v Commission

(Case T-17/09)

(2009/C 82/49)

Language of the case: English

Parties

Applicant: Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE (Athens, Greece) (represented by: N. Korogiannakis, lawyer)

Applicant:

Defendant: Commission of the European Communities

Defendant:

Form of order sought

| — | annul Commission's decision to reject the bid of the applicant, filed in response to the open Call for Tender VT/2008/019 — EMPL EESSI for the ‘Informatics services and products in the contest of the EESSI (Electronic Exchange of Social Security Information) project’ (1) communicated to the applicant by letter dated 30 October 2008 and all further related decisions including the one to award the contract to the successful contractor; |
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annul Commission's decision to reject the bid of the applicant, filed in response to the open Call for Tender VT/2008/019 — EMPL EESSI for the ‘Informatics services and products in the contest of the EESSI (Electronic Exchange of Social Security Information) project’ (1) communicated to the applicant by letter dated 30 October 2008 and all further related decisions including the one to award the contract to the successful contractor;

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| — | order the Commission to pay the applicant's damages suffered on account of the tendering procedure in question for an amount of 883 703,5 EUR; |
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order the Commission to pay the applicant's damages suffered on account of the tendering procedure in question for an amount of 883 703,5 EUR;

| — | order the Commission to pay the applicant's legal costs and expenses incurred in connection with this application, even if current application is rejected. |
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order the Commission to pay the applicant's legal costs and expenses incurred in connection with this application, even if current application is rejected.

Pleas in law and main arguments

In the present case the applicant seeks the annulment of the defendant's decision to reject its bid submitted in response to a call for an open tender VT/2008/019 — EMPL CAD A/17543 for the informatics services and products in the context of the EESSI (Electronic Exchange of Social Security Information) project and to award the contract to the successful contractor. The applicant further requests compensation for the alleged damages in account of the tender procedure.

In support of its claims the applicant puts forward four pleas in law.

First, it argues that the winning tenderer enjoyed a privileged treatment from the Commission in the context of numerous other contracts and that it was favoured in the case of the present call for tenders. Further the applicant claims that it was systematically discriminated by the defendant in the same context.

Second, the applicant submits that the Commission failed to observe the rules concerning the exclusion criteria of the tender specifications and therefore infringed Articles 93 and 94 of the financial regulation (2) and Articles 133a and 134 of its implementing rules as well as Article 45 of Directive 2004/18/EC (3).

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Third, the applicant claims that the defendant committed several manifest errors of assessment in evaluation of the applicant's tender by the Evaluation Committee.

Fourth, the applicant contends that the defendant based its evaluation of the applicant's tender on general and arbitrary considerations, failed to motivate its decision and in this context committed several manifest errors of assessment.

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(1)  OJ 2008/S 111-148231.

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(2)  Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (OJ L 248, p. 1).

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(3)  Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts (OJ L 134, p. 114).

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