Judgment — ECLI:EU:T:2017:906
Date: 2017-12-14
Language of the case: Greek
Court formation: Seventh Chamber
Subject matter: Public procurement in the European Union
Procedure: Action for damages - unfounded;Action for annulment - successful
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 (European Parliament and Council Regulation No 966/2012, Art. 113(2), first para.; Commission Regulation No 1268/2012, Art. 161(3)) (see paras 27, 28) 4. Acts of the institutions — Statement of reasons — Obligation — Scope — Decision, in the procedure for the award of a public service contract, not to accept a tender — Assessment having regard to the information at the applicant’s disposal at the time the action was brought — Small difference in scores between the applicant’s tender and that the of the successful tenderer — Information provided to the applicant not clearly showing the reasons for rejecting the tender and not sufficiently explaining the characteristics and advantages of the tender accepted — Insufficient statement of reasons (Art. 296 TFEU; European Parliament and Council Regulation No 966/2012, Art. 113(2); Commission Regulation No 1268/2012, Art. 161(3)) (see paras 37, 50-52) 5. EU institutions — Right of public access to documents — Regulation No 1049/2001 — Exceptions to the right of access to documents — Protection of commercial interests — Scope — Bids submitted by tenderers for a public contract — Included — General presumption that the exception to the right of access applies (European Parliament and Council Regulations No 1049/2001, Art 4(2), first indent, and No 966/2012, Art. 113(2)) (see para. 56) 6. Acts of the institutions — Statement of reasons — Obligation — Scope — Decision, in the procedure for the award of a public service contract, not to accept a tender — Obligation on the awarding authority to notify, on written request, the characteristics and relative advantages of the tender accepted and the name of the successful tenderer — Non-communication of the overall price of the successful tenders in the cascade — Infringement of the duty to state reasons (Art. 296, second para. TFEU; European Parliament and Council Regulation No 966/2012, Art. 113(2), first para.; Commission Regulation No 1268/2012, Art. 161(3)) (see paras 61, 62, 64) 7. Non-contractual liability — Conditions — Unlawfulness — Damage — Causal link — Burden of proof — One of the conditions not satisfied — Claim for compensation dismissed in its entirety (Art. 340, second para. TFEU) (see paras 70-73) Re: Firstly, application on the basis of Article 263 TFEU seeking the annulment of Decision D(2015) 7680 of the European Parliament, sent to the applicants by letter of 13 February 2015, to rank their bid in third place in the cascade for Lot No 3 ‘Development and maintenance of production information systems’ in the open procurement procedure PE/ITEC-ITS 14 ‘External provision of IT services’ and, secondly, application on the basis of Article 268 TFEU seeking compensation for the loss allegedly suffered by the applicants. Operative part The Court: 1. Annuls Decision D(2015) 7680 of the European Parliament sent to the applicants by letter of 13 February 2015, to rank the bid of European Dynamics Luxembourg SA and Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE in third place in the cascade for Lot No 3 ‘Development and maintenance of production information systems’ in the open procurement procedure PE/ITEC-ITS 14 ‘External provision of IT services’; 2. Dismisses the remainder of the action; 3. Orders each party to bear its own costs.