Judgment — ECLI:EU:T:2012:574
Date: 2012-10-25
Language of the case: Italian
Court formation: Eighth Chamber
Subject matter: Public procurement in the European Union
Procedure: Action for annulment - unfounded
Origin: Italy

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. 47) 5. Acts of the institutions — Statement of reasons — Obligation — Scope — Decision, in the award of a public contract, not to accept a tender (Art. 253 EC; Council Regulation No 1605/2002, Art. 100(2); Commission Regulation No 2342/2002, Art. 149(3)) (see paras 82-85) 6. EU public contracts — Tender procedure — Obligation to reject ambiguous tenders — Scope (Council Regulation No 1605/2002, Art. 99; Commission Regulation No 2342/2002, Arts 139(1) and 148) (see paras 93-95, 102, 103) Re: ACTION for annulment of the Commission Decision of 27 March 2009 rejecting the bid submitted by the applicants in connection with the call for tenders published on 25 October 2008 by the Commission for the award of routine and non-routine maintenance services for air conditioning, heating and ventilation systems at the Ispra Joint Research Centre (OJ 2008/S 208-274999), and, in the alternative, an application for partial annulment of point 17 of the invitation to tender. Operative part The Court: 1. Dismisses the action; 2. Orders Astrim SpA and Elyo Italia Srl to pay the costs.