Judgment — ECLI:EU:T:2016:723
Date: 2016-12-13
Language of the case: Greek
Court formation: Fourth Chamber
Subject matter: Public procurement in the European Union
Procedure: Action for annulment - unfounded
Origin: Greece;Luxembourg

summary as how every detail of the rejected tender was taken into account for assessment purposes, or a detailed comparative analysis of the accepted tender and the unsuccessful tender — None (Art. 296 TFEU; European Parliament and Council Regulation No 966/2012, Art. 113(2); Commission Regulation No 1268/2012, Art. 161) (see paras 95-102, 131, 132, 135) 7. Acts of the institutions — Statement of reasons — Obligation — Scope — Decision, in the procedure for awarding a public services contract, to reject a tender — Rejection based on the tender not satisfying one of the award criteria — Awarding authority not communicating to the unsuccessful tenderer the detailed classification, for each award criterion, of the successful tenderer — Lawfulness (Art. 296 TFEU; European Parliament and Council Regulation No 966/2012, Art. 113(2); Commission Regulation No 1268/2012, Art. 161) (see paras 99, 100, 106, 107, 110, 111) 8. European Union public contracts — Tender procedure — Obligation to comply with the principle of equal treatment of tenderers — Need to ensure equal opportunities and comply with the principle of transparency — Scope (European Parliament and Council Regulation No 966/2012, Art. 102(1)) (see paras 256-261, 282) Re: APPLICATION on the basis of Article 263 TFEU seeking the annulment of the decision of the Commission of 5 September 2014 rejecting the bid submitted by the applicants in restricted call for tenders procedure EuropeAid/135040/C/SER/MULTI concerning the development of a computerised management system for the ASEAN customs transit system and awarding that contract to another tenderer. Operative part The Court: 1. Dismisses the action; 2. Orders European Dynamics Luxembourg SA and Evropaïki Dynamiki — Proigmena Sistimata Tilepikoinonion Pliroforikis kai Tilematikis AE to pay the costs.