Order of the Court (Seventh Chamber) of 4 October 2012 — Evropaïki Dynamiki v Commission

(Case C-597/11 P)

‛Appeal — Public contract awarded by the Commission — Rejection of a tender — Obligation to state reasons — Regulation (EC, Euratom) No 1605/2002 — Article 89 — Regulation (EC, Euratom) No 2342/2002 — Articles 140 and 141 — Period allowed for the receipt of tenders — Period allowed for the submission of requests for information’

1. European Union public procurement — Call for tenders — Irregularity of the administrative procedure — Effects — Annulment of the contested decision — Conditions (Council Regulation No 1605/2002, Art. 89(1) and 98(1); Commission Regulation No 2343/2002, Arts 140(1) and (2), and 141(2)) (see para. 21)

2. Appeals — Grounds — Plea submitted for the first time in the context of the appeal — Inadmissibility (Statute of the Court of Justice, Art. 51) (see paras 30-34)

3. Appeals — Grounds — Plea directed against a superfluous ground — Invalid plea in law — Rejection (see para. 36)

4. Appeals — Grounds — Mistaken assessment of the facts — Inadmissibility — Review by the Court of Justice of the assessment of the facts and evidence — Possible only where the clear sense of the evidence has been distorted (Art. 256 TFEU; Statute of the Court of Justice, Art. 58, first para.) (see paras 39-42)

Re:

Appeal brought against the judgment of the General Court (First Chamber) of 9 September 2011 in Case T-232/06 Evropaïki Dynamiki v Commission dismissing an application for annulment of the Commission’s Decision of 19 June 2006 rejecting the tender submitted by the appellant in response to the call for tenders TAXUD/2005/AO-001 concerning the specification, development, maintenance and support of customs IT systems for DG TAXUD (OJ 2005, S 117-115222), and the decision to award the contract to another tenderer.

Operative part

1. The appeal is dismissed.

2. Evropaïki Dynamiki – Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE is ordered to pay the costs.

Order of the Court (Seventh Chamber) of 4 October 2012 — Evropaïki Dynamiki v Commission

(Case C-597/11 P)

‛Appeal — Public contract awarded by the Commission — Rejection of a tender — Obligation to state reasons — Regulation (EC, Euratom) No 1605/2002 — Article 89 — Regulation (EC, Euratom) No 2342/2002 — Articles 140 and 141 — Period allowed for the receipt of tenders — Period allowed for the submission of requests for information’

1. European Union public procurement — Call for tenders — Irregularity of the administrative procedure — Effects — Annulment of the contested decision — Conditions (Council Regulation No 1605/2002, Art. 89(1) and 98(1); Commission Regulation No 2343/2002, Arts 140(1) and (2), and 141(2)) (see para. 21)

2. Appeals — Grounds — Plea submitted for the first time in the context of the appeal — Inadmissibility (Statute of the Court of Justice, Art. 51) (see paras 30-34)

3. Appeals — Grounds — Plea directed against a superfluous ground — Invalid plea in law — Rejection (see para. 36)

4. Appeals — Grounds — Mistaken assessment of the facts — Inadmissibility — Review by the Court of Justice of the assessment of the facts and evidence — Possible only where the clear sense of the evidence has been distorted (Art. 256 TFEU; Statute of the Court of Justice, Art. 58, first para.) (see paras 39-42)

Re:

Appeal brought against the judgment of the General Court (First Chamber) of 9 September 2011 in Case T-232/06 Evropaïki Dynamiki v Commission dismissing an application for annulment of the Commission’s Decision of 19 June 2006 rejecting the tender submitted by the appellant in response to the call for tenders TAXUD/2005/AO-001 concerning the specification, development, maintenance and support of customs IT systems for DG TAXUD (OJ 2005, S 117-115222), and the decision to award the contract to another tenderer.

Operative part

1. The appeal is dismissed.