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

(Case C-629/11 P)

‛Appeal — Public contract awarded by the Commission — Rejection of the tender — Obligation to state the reasons on which the decision is based — Regulation (EC, Euratom) No 1605/2002 — Article 100(2) — Time-limit for replying to a request for information — Regulation (EC, Euratom) No 2342/2002 — Article 149(2)’

1. Acts of the institutions — Statement of reasons — Obligation — Scope — Decision, in the context of a tender procedure for public services, not to accept an offer — Obligation to communicate, following a written request, the characteristics and advantages of the successful tender and the name of the successful tenderer — Obligation, for the contracting authority, to provide a detailed summary of the account taken, in its evaluation, of each detail of the rejected tender or a detailed comparative analysis of the successful tender and that of the unsuccessful applicant — No such obligation — Unfounded plea (Art. 256 TFEU; Council Regulation No 1605/2002, Art. 100(2), first para.; Commission Regulation No 2342/2002, Art. 149(3)) (see paras 20-23)

2. Acts of the institutions — Statement of reasons — Obligation — Scope — Decision, in the context of a tender procedure for public services, not to accept an offer — Failure, on the part of the Commission, to ensure due diligence and sound administration — Grounds communicated to the tenderer eight days after the deadline — Delay not leading, in itself, to the annulment of the contested decisions — Unfounded plea (Council Regulation No 1605/2002, Art. 100(2), first para.; Commission Regulation No 2342/2002, Art. 149(2)) (see paras 37, 39, 40)

Re:

Appeal brought against the judgment of the General Court (Second Chamber) of 20 September 2011 in Case T-298/09 Evropaïki Dynamiki v Commission dismissing an application first, for annulment of the Commission decision of 12 May 2009 rejecting the tender submitted by the applicant in response to call for tenders EAC/01/2008 for external service provision for educational programmes (ESP-ISEP) (OJ 2008/S 158-212752) and of the decision to award the contract to another tenderer and, second, for damages – Article 93(1)(f) of the Financial Regulation – Period of validity of tenders – Non-contractual liability.

Operative part

The Court:

1. Dismisses the appeal;

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

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

(Case C-629/11 P)

‛Appeal — Public contract awarded by the Commission — Rejection of the tender — Obligation to state the reasons on which the decision is based — Regulation (EC, Euratom) No 1605/2002 — Article 100(2) — Time-limit for replying to a request for information — Regulation (EC, Euratom) No 2342/2002 — Article 149(2)’

1. Acts of the institutions — Statement of reasons — Obligation — Scope — Decision, in the context of a tender procedure for public services, not to accept an offer — Obligation to communicate, following a written request, the characteristics and advantages of the successful tender and the name of the successful tenderer — Obligation, for the contracting authority, to provide a detailed summary of the account taken, in its evaluation, of each detail of the rejected tender or a detailed comparative analysis of the successful tender and that of the unsuccessful applicant — No such obligation — Unfounded plea (Art. 256 TFEU; Council Regulation No 1605/2002, Art. 100(2), first para.; Commission Regulation No 2342/2002, Art. 149(3)) (see paras 20-23)

2. Acts of the institutions — Statement of reasons — Obligation — Scope — Decision, in the context of a tender procedure for public services, not to accept an offer — Failure, on the part of the Commission, to ensure due diligence and sound administration — Grounds communicated to the tenderer eight days after the deadline — Delay not leading, in itself, to the annulment of the contested decisions — Unfounded plea (Council Regulation No 1605/2002, Art. 100(2), first para.; Commission Regulation No 2342/2002, Art. 149(2)) (see paras 37, 39, 40)

Re:

Appeal brought against the judgment of the General Court (Second Chamber) of 20 September 2011 in Case T-298/09 Evropaïki Dynamiki v Commission dismissing an application first, for annulment of the Commission decision of 12 May 2009 rejecting the tender submitted by the applicant in response to call for tenders EAC/01/2008 for external service provision for educational programmes (ESP-ISEP) (OJ 2008/S 158-212752) and of the decision to award the contract to another tenderer and, second, for damages – Article 93(1)(f) of the Financial Regulation – Period of validity of tenders – Non-contractual liability.

Operative part

The Court:

1. Dismisses the appeal;