Judgment — ECLI:EU:T:2012:533
Date: 2012-10-10
Language of the case: English
Court formation: Seventh Chamber
Subject matter: Public procurement in the European Union
Procedure: Action for annulment - unfounded;Action for damages - unfounded
Origin: Greece

Summary statement of pleas (Statute of the Court of Justice, Arts 21, first para., and 53, first para.; Rules of Procedure of the General Court, Art. 44(1)(c)) (see para. 57) 5. EU public contracts — Tender procedure — Duty to comply with the principle of equal treatment of tenderers — Need to ensure equal opportunities and comply with the principle of transparency — Scope (see paras 66-69) 6. Proceedings — Introduction of new pleas during the proceedings — Conditions — New plea — Concept (Rules of Procedure of the General Court, Arts 44(1)(c) and 48(2)) (see para. 165) 7. Non-contractual liability — Conditions — Unlawfulness — Damage — Causal link — One of the conditions not satisfied — Claim for compensation dismissed in its entirety (Art. 288, second para., EC) (see para. 177) 8. Proceedings — Costs — Costs caused unreasonably or vexatiously — Conduct of an institution encouraging the dispute (Rules of Procedure of the General Court, Art. 87(3), second para.) (see paras 183, 184) Re: APPLICATION for the annulment of the decision of the Office for Official Publications of the European Communities of 7 April 2009 to reject the bid submitted by the applicant filed in response to the call for tenders for the supply of services for the production and dissemination of the Supplement to the Official Journal of the European Union and related offline and online media, and all further decisions of the Office for Publications, including the one to award the contract to another tenderer, and a claim for damages. Operative part The Court: 1. Dismisses the action; 2. Orders Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE to bear its own costs and to pay those incurred by the European Commission.