Judgment — ECLI:EU:T:2013:617
Date: 2013-11-28
Based on: Treaty on the Functioning of the European Union (consolidated version 2008)
Subject matter: Public procurement in the European Union
Procedure: Action for annulment - successful
Origin: Lithuania

Summary statement of pleas (Rules of Procedure of the General Court, Art. 44(1)(c)) (see para. 18) 2. 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 — Assessment having regard to information available to the applicant at the time the action brought — Burden of proving the date of receipt of information sent by email (Art. 296 TFEU; Council Regulation No 1605/2002, Art. 100(2); Commission Regulation No 2342/2002, Art. 149(3)) (see paras 28‑32, 36, 37, 39, 40, 42) 3. Judicial proceedings — Producing evidence — Time-limit — Evidence lodged out of time — Conditions (Rules of Procedure of the General Court, Art. 48(1)) (see para. 44) Re: APPLICATION for annulment of the decision of the EIGE of 26 July 2012 to reject the tender of the applicant in tender procedure No EIGE/2012/ADM/13. Operative part The Court: 1. Annuls the decision of the European Institute for Gender Equality (EIGE) of 26 July 2012 to reject the tender of Gaumina UAB in tender procedure No EIGE/2012/ADM/13; 2. Orders the EIGE to bear its own costs and to pay those incurred by Gaumina.