Information;Judgment — ECLI:EU:T:2022:803
Date: 2022-12-14
Language of the case: French
Court formation: Second Chamber
Subject matter: Freedom to provide services;Public procurement in the European Union
Procedure: Action for annulment - unfounded;Action for damages
Origin: Belgium

Summary of the pleas in law on which the application is based – Plea not supported by precise arguments – Inadmissibility (Statute of the Court of Justice, Arts 21, first para., and 53, first para.; Rules of Procedure of the General Court, Art. 76(d)) (see paragraph 16) 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 – Obligation on the awarding authority to provide a detailed comparative analysis of the tender accepted and the tender of the unsuccessful tenderer – None (Art. 296 TFEU; European Parliament and Council Regulation 2018/1046, Art. 170(2) and (3)(a), and Annex I, point 31.1) (see paragraphs 23-26, 31) 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 – Assessment having regard to the information at the applicant’s disposal at the time the action was brought (Art. 296, second para., TFEU) (see paragraph 27) 4. European Union public contracts – Conclusion of a contract following a call for tenders – Abnormally low offer – Obligation of the contracting authority to hear from the tenderer – Examination by the awarding authority of the abnormally low character of the tender – Assessment in two stages – Elements to be taken into consideration (European Parliament and Council Regulation 2018/1046, Annex I, points 23.1 and 23.2) (see paragraphs 43-46) 5. European Union public contracts – Conclusion of a contract following a call for tenders – Abnormally low offer – Obligation to state reasons – Scope – Requirement for the contracting authority to set out in detail its reasoning in the absence of a request to that effect – None (Art. 296 TFEU; European Parliament and Council Regulation 2018/1046, Art. 170(3)) (see paragraphs 47, 48) 6. Actions for damages – Application for damages linked to an application for annulment – Dismissal of application for annulment leading to dismissal of the application for damages (Arts 263 and 268 TFEU) (see paragraph 87) Operative part The Court: 1. Dismisses the action; 2. Orders Esedra to bear its own costs and to pay the costs incurred by the European Parliament, including those relating to the proceedings for interim relief. 1 OJ C 109, 7.3.2022.