Judgment — ECLI:EU:T:2016:476
Date: 2016-09-15
Language of the case: Greek
Court formation: Sixth Chamber
Subject matter: Public procurement in the European Union
Procedure: Action for annulment - unfounded;Action for damages - unfounded
Origin: Greece;Luxembourg

summary of the pleas in law on which the application based (Rules of Procedure of the General Court, Art. 44(1)(c)) (see para. 80) 7. European Union public contracts — Tender procedure — Award of contracts — Award criteria — Duty to comply with the principles of equal treatment of tenderers and transparency — Scope — Requirement of clarity and precision — Discretion of the awarding authority as to the choice of award criteria — Judicial review — Limits (European Parliament and Council Regulation No 966/2012, Arts 102 and 110(2); Commission Regulation No 268/2012, Art. 149) (see paras 87-89, 96) 8. Non-contractual liability — Conditions — Unlawfulness — Damage — Causal link — One of the conditions not satisfied — Claim for compensation dismissed in its entirety (Art. 340, second para., TFEU) (see paras 104, 105) Re: Firstly, application on the basis of Article 263 TFEU seeking the annulment of the Commission’s decisions to rank in third and fourth positions under the cascade mechanism the bids made by the applicants for lots Nos 1 and 3 under open call for tenders No DIGIT/R2/PO/2013/029 — ESP DESIS III concerning ‘External service provision for development, studies and support for information systems’ (OJ 2013/S 19-0380314) and to exclude their bid for lot No 2 under that call for tenders 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. Dismisses the action; 2. Orders European Dynamics Luxembourg and Evropaïki Dynamiki — Proigmena Sistimata Tilepikoinonion Pliroforikis kai Tilematikis AE to pay the costs.