Keywords



Keywords

Actions for annulment — Natural or legal persons — Locus standi — Tender procedure — Decision of the awarding authority addressed to a tendering consortium without legal personality — Action by a company member of that consortium — Admissibility (Art. 230, fourth para., EC) (see paras 31-33)

2. EU public contracts — Conclusion of a contract following a call for tenders — Discretion of the institutions — Judicial review — Limits (see paras 37, 80, 97)

3. EU public contracts — Conclusion of a contract following a call for tenders — Discretion of the institutions — Criteria for selecting candidates — Duty to comply with the principles of equal treatment of tenderers and transparency — No obligation to leave a margin between the minimum and maximum threshold of factors to be submitted to prove the capacity of tenderers (Council Regulation No 1605/2002, Arts 89 and 97(1); Commission Regulation No 2342/2002, Art. 135(1),(2) and (5)) (see paras 38, 41-45)

4. Union law — Principles — Protection of legitimate expectations — Conditions (see paras 51, 67)

5. EU public contracts — Tender procedure — Option conferred on the awarding authority to make contact with a tenderer after the opening of tenders — Duty to make contact where possible and where necessary to obtain further particulars concerning a tender — Compliance with the principle of equal treatment of tenderers (Council Regulation No 1605/2002, Arts 89(1) and 148(3); Commission Regulation No 2342/2002, Arts 146(3) and 148(3)) (see paras 52-53, 55-56, 58, 65)

6. Procedure — Introduction of new pleas during the proceedings — Conditions — New plea — Meaning (Rules of Procedure of the General Court, Art. 48(2), first para.) (see para. 119)

7. EU public contracts — Tender procedure — Duty of the awarding authority to exclude a tenderer having committed a serious professional fault — Tenderer alleging a serious professional fault by the company to which the contract awarded — Examination of the claims by the awarding authority — Prima facie assessment — Duty where fraud not proven to reject the claims and inform the author of the accusations (Council Regulation No 1605/2002, Arts 93(1)(c) and 94; Commission Regulation No 2342/2002, Art. 133) (see paras 124, 126-127, 132)

8. Acts of the institutions — Statement of reasons — Obligation — Scope — Decision, in a public contract award procedure, not to accept a tender — Assessment having regard to information available to the applicant at the time the action brought (Art. 253 EC; Council Regulation No 1605/2002, Art. 100(2); Commission Regulation No 2342/2002, Art. 149) (see paras 136-139)

9. Procedure — Application initiating proceedings — Formal requirements — Identification of the subject-matter of the dispute — Brief summary of the pleas in law on which the application is based — Action for compensation for damage caused by an EU institution (Rules of Procedure of the General Court, Art. 44(1)(c)) (see paras 162-163)

10. 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 paras 167-168)