Judgment of the General Court (Eighth Chamber) of 19 April 2012 — Evropaïki Dynamiki v Commission

(Case T‑49/09)

‛Public service contracts — Community tendering procedure — Provision of services relating to the maintenance and development of the information systems of the Directorate-General for Regional Policy — Rejection of a tender — Action for annulment — Equal treatment — Duty to state reasons — Infringement of essential procedural requirements — Manifest error of assessment — Non‑contractual liability’

1. Acts of the institutions — Statement of reasons — Obligation — Scope — Decision, during the procedure for the award of a public services contract, not to accept a tender — Assessment having regard to information available to the applicant at the time the action was brought (Art. 253 EC; Council Regulation No 1605/2002, Art. 100(2); Commission Regulation No 2342/2002, Art. 149(2)) (see paras 33-37, 45)

2. EU public contracts — Conclusion of a contract following a call for tenders — Discretion of the institutions — Judicial review — Limits (see para. 56)

3. Procedure — Measures of organisation of procedure — Request for production of documents — Duties of the person making the request (see para. 83)

4. Procedure — Application initiating proceedings — Formal requirements — Identification of the subject-matter of the dispute — Summary statement of pleas (Statute of the Court of Justice, Art. 21, first para.; Rules of Procedure of the General Court, Art. 44(1)(c)) (see paras 89-90)

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 of the transparency obligation (see paras 107-110)

6. 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 127-128)

Re:

APPLICATION, first, for annulment of the Commission’s decision of 21 November 2008 to reject the tender submitted by the applicant in the context of call for tenders REGIO-A4‑2008-01 for the maintenance and development of the Directorate-General for Regional Policy’s information systems (OJ 2008/S 117-155067) and the decision to award the contract to another tenderer and, secondly, for damages.

Operative part

The Court:

1. Dismisses the action;

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

Judgment of the General Court (Eighth Chamber) of 19 April 2012 — Evropaïki Dynamiki v Commission

(Case T‑49/09)

‛Public service contracts — Community tendering procedure — Provision of services relating to the maintenance and development of the information systems of the Directorate-General for Regional Policy — Rejection of a tender — Action for annulment — Equal treatment — Duty to state reasons — Infringement of essential procedural requirements — Manifest error of assessment — Non‑contractual liability’

1. Acts of the institutions — Statement of reasons — Obligation — Scope — Decision, during the procedure for the award of a public services contract, not to accept a tender — Assessment having regard to information available to the applicant at the time the action was brought (Art. 253 EC; Council Regulation No 1605/2002, Art. 100(2); Commission Regulation No 2342/2002, Art. 149(2)) (see paras 33-37, 45)

2. EU public contracts — Conclusion of a contract following a call for tenders — Discretion of the institutions — Judicial review — Limits (see para. 56)

3. Procedure — Measures of organisation of procedure — Request for production of documents — Duties of the person making the request (see para. 83)

4. Procedure — Application initiating proceedings — Formal requirements — Identification of the subject-matter of the dispute — Summary statement of pleas (Statute of the Court of Justice, Art. 21, first para.; Rules of Procedure of the General Court, Art. 44(1)(c)) (see paras 89-90)

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 of the transparency obligation (see paras 107-110)

6. 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 127-128)

Re:

APPLICATION, first, for annulment of the Commission’s decision of 21 November 2008 to reject the tender submitted by the applicant in the context of call for tenders REGIO-A4‑2008-01 for the maintenance and development of the Directorate-General for Regional Policy’s information systems (OJ 2008/S 117-155067) and the decision to award the contract to another tenderer and, secondly, for damages.

Operative part

The Court:

1. Dismisses the action;