Judgment — ECLI:EU:T:2017:55
Date: 2017-02-02
Language of the case: English
Court formation: Sixth Chamber
Subject matter: Public procurement in the European Union
Procedure: Action for annulment - unfounded;Action for damages - unfounded;Action for annulment - successful
Origin: Greece;Luxembourg

summary of the pleas in law on which the application is based — Pleas in law not set out in the application — Reference to the whole of the annexes — Inadmissibility (Statute of the Court of Justice, Art. 21, first para.; Rules of Procedure of the General Court, Art. 76(d)) (see para. 98) 8. Non-contractual liability — Conditions — Unlawfulness — Damage — Causal link — Cumulative conditions — One of the conditions not satisfied — Claim for compensation dismissed in its entirety (Art. 340, second para., TFEU) (see paras 117, 118) Re: APPLICATION, first, pursuant to Article 263 TFEU seeking annulment of the Commission decisions, contained in the letters of 8 and 12 December 2014, rejecting the tenders submitted by the applicants for Request for Quotation No DESIS III 000455-6000494078-REQ-01 relating to the development of the interactive profiling tool prototype and for Request for Quotation No DESIS III 000485-6000494078-REQ-01 relating to the development of the EuroGroups Register interactive module in the context of Lot 4 of Call for Tenders DIGIT/R2/PO/2013/029 (OJ 2013 S 219-380314) and, second, application pursuant to Article 268 TFEU seeking damages for the harm allegedly caused to the applicants due to the loss of opportunity to perform the second contract at issue. Operative part The Court: 1. Annuls the decision of the European Commission, contained in the letter of 8 December 2014, rejecting the tender with reference DESIS III 000455-6000494078-REQ-01, development of an interactive module; 2. Dismisses the action as to the remainder; 3. Orders each of the parties to bear its own costs.