Judgment — ECLI:EU:T:2016:61
Date: 2016-02-04
Language of the case: Bulgarian
Court formation: Eighth Chamber
Subject matter: Public procurement in the European Union
Procedure: Action for annulment - unfounded
Origin: Bulgaria

Judgment of the General Court (Eighth Chamber) of 4 February 2016 — PRIMA v Commission (Case T‑722/14) Public service contracts — Tendering procedure — Support for the European Commission representative in Bulgaria in the context of the organization of public events — Rejection of tender submitted by a tenderer and award of the contract to another tenderer — Award criteria — Obligation to state reasons — Concept of relative advantages of the successful tender — Transparency 1. Actions for annulment — Action relating in reality to a contractual dispute — Application for annulment of a decision to conclude a contract for the performance of a public contract — EU judicature not having jurisdiction — Inadmissibility (Art. 263 TFEU) (see para. 19) 2. European Union public contracts — Conclusion of a contract following a call for tenders — Discretion of the institutions — Judicial review — Limits (see paras 22, 53) 3. 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 to communicate, following a written request, the characteristics and relative advantages of the tender accepted and the name of the tenderer — No obligation on the awarding authority to provide a detailed comparative analysis of the tender accepted and the tender of the unsuccessful tenderer (Art. 296 TFEU; European Parliament and Council Regulation No 966/2012, Art. 113(2), first subpara.; Commission Regulation No 1268/2012, Art. 161(3)) (see paras 23, 27, 28, 32-37) 4. Actions for annulment — Grounds — Infringement of the rights of the defence — Reliance on matters subsequent to the date of adoption of the contested decision — Pleas not entailing the annulment of the decision (Art. 263 TFEU) (see para. 60) Re: APPLICATION for annulment of, first, the decision of the European Commission of 12 August 2014 rejecting the tender submitted by the applicant in the context of the call for tenders PO/2013-13/SOF relating to support for the European Commission representative in Bulgaria in the context of the organization of public events, and awarding the contract to another tenderer and, second, the ‘subsequent decisions’, including that of 12 September 2014 to conclude the contract for its performance. Operative part The Court: 1. Dismisses the action; 2. Orders PRIMA — Produtsentska, reklamna, informatsionna i mediyna agentsia AD to pay the costs.