do-me/EUR-LEX huggingface dataset:
Case T-457/10: Judgment of the General Court of 15 October 2013 — Evropaïki Dynamiki v European Commission (Public service contracts — Tender procedure — External service provision for development, studies and support for information systems (ESP DESIS II) — Classification of a tenderer — Award of the contract — Tendering consortium — Admissibility — Obligation to state reasons — Transparency — Equal treatment — Manifest error of assessment — Non-contractual liability)
Date: 2013-10-15
Institutions: General Court
Subjects: award of contract, contractual liability, equal treatment, indemnification, information system, invitation to tender, services contract, transparency in decision-making








C_2013352EN.01001201.xml










30.11.2013   


EN


Official Journal of the European Union


C 352/12





Judgment of the General Court of 15 October 2013 — Evropaïki Dynamiki v European Commission
(Case T-457/10) (1)

(Public service contracts - Tender procedure - External service provision for development, studies and support for information systems (ESP DESIS II) - Classification of a tenderer - Award of the contract - Tendering consortium - Admissibility - Obligation to state reasons - Transparency - Equal treatment - Manifest error of assessment - Non-contractual liability)
2013/C 352/21
Language of the case: English

Parties


Applicant: Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE (Athens (Greece)) (represented by: N. Korogiannakis and M. Dermitzakis, lawyers,)

Defendant: European Commission (represented initially by: S. Delaude and N. Bambara, and subsequently by S. Delaude, acting as Agents, and initially by P. Wytinck, and subsequently by B. Hoorelbeke, lawyers,)

Re:

Application, first, for annulment of the Commission’s decision of 16 July 2010 to classify the applicant’s tender submitted in the context of the call for tenders DIGIT/R2/PO/2009/045, concerning ‘External service provision for development, studies and support for information systems’ (ESP DESIS II) (OJ 2009/S 198-283663), for Lot 2 ‘Off site development projects’, in third, and not first, place and to award the first and second places to other tenderers, and also of all the related decisions of the Commission’s Directorate General for Informatics, including the decisions to award the respective contracts to the tenderers classified in first and second places; and, second, for damages,

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


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






(1)  OJ C 346, 18.12.2010.
Case T-638/11: Judgment of the General Court of 15 October 2013 — European Dynamics Belgium and Others v EMA (Public service contracts — Tender procedure of the EMA — Provision of software application support services — Rejection of a tender — Award criteria — Statement of reasons — Observance of the award criteria set out in the tendering specifications — Establishment of subheadings for the award criteria — Access to documents)
Date: 2013-10-15
Institutions: General Court
Subjects: access to EU information, award of contract, invitation to tender, services contract, software








C_2013352EN.01001302.xml










30.11.2013   


EN


Official Journal of the European Union


C 352/13





Judgment of the General Court of 15 October 2013 — European Dynamics Belgium and Others v EMA
(Case T-638/11) (1)

(Public service contracts - Tender procedure of the EMA - Provision of software application support services - Rejection of a tender - Award criteria - Statement of reasons - Observance of the award criteria set out in the tendering specifications - Establishment of subheadings for the award criteria - Access to documents)
2013/C 352/24
Language of the case: Greek

Parties


Applicants: European Dynamics Belgium SA (Brussels, Belgium); European Dynamics Luxembourg SA (Ettelbrück, Luxembourg), Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE (Athens, Greece), and European Dynamics UK Ltd (London, United Kingdom) (represented by: V. Christianos, lawyer)

Defendant: European Medicines Agency (EMA) (London, United Kingdom) (represented initially by V. Salvatore and subsequently by T. Jabłoński and C. Maignen, acting as Agents, assisted by H.-G. Kamann and E. Arsenidou, lawyers)

Re:

Annulment of, first, decision EMA/787935/2011 of the European Medicines Agency of 3 October 2011, by which the tender submitted by the applicants in tender procedure EMA/2011/05/DV was rejected and, second, annulment of decision EMA/882467/2011 of the acting Executive Director of the EMA of 9 November 2011, by which the applicants’ confirmatory application for access to the tender procedure documents relating to the composition of the evaluation committee was rejected.

Operative part of the judgment

The Court:






1.


Annuls decision EMA/787935/2011 of the European Medicines Agency (EMA) of 3 October 2011, by which the tender submitted by European Dynamics Belgium SA; European Dynamics Luxembourg SA, Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE and European Dynamics UK Ltd in connection with tender procedure EMA/2011/05/DV was rejected;










2.


Holds that there is no longer any need to adjudicate on the pleas seeking annulment of decision EMA/882467/2011 of the acting Executive Director of the EMA of 9 November 2011, by which the applicants’ confirmatory application for access to the tender procedure documents relating to the composition of the evaluation committee was rejected;










3.


Orders the EMA to pay the costs.






(1)  OJ C 49, 18.2.2012.