CELEX: 62004TA0495
Language: en
Date: 2008-05-21 00:00:00
Title: Case T-495/04: Judgment of the Court of First Instance of 21 May 2008 — Belfass v Council (Public procurement — Community tender procedure — Obvious clerical error — Award to the tender offering best value for money — Abnormally low tender — Article 139(1) of Regulation (EC, Euratom) No 2342/2002 — Plea of illegality — Specifications — Admissibility)

5.7.2008   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 171/31
            
         Judgment of the Court of First Instance of 21 May 2008 — Belfass v Council
   (Case T-495/04) (1)
   
   (Public procurement - Community tender procedure - Obvious clerical error - Award to the tender offering best value for money - Abnormally low tender - Article 139(1) of Regulation (EC, Euratom) No 2342/2002 - Plea of illegality - Specifications - Admissibility)
   (2008/C 171/55)
   Language of the case: French
   Parties
   
      Applicant: Belfass SPRL (Forest, Belguim) (represented by: L. Vogel, lawyer)
   
      Defendant: Council of the European Union (represented by: B. Driessen and A. Vitro, Agents)
   Re:
   Application, first, for the annulment of the decision of the Council of the European Union of 13 October 2004 to reject both the tenders submitted by the applicant under tender procedure UCA-033/04 and, secondly, for compensation in respect of the damage allegedly suffered by the applicant by reason of the Council's conduct.
   Operative part of the judgment
   
               1.
            
            
               Annuls the decision of the Council of the European Union of 13 October 2004 to reject the tenders of Belfass SPRL submitted under tender procedure UCA-033/04, in so far as that decision rejected Belfass' offer with respect to Lot No 2;
            
         
               2.
            
            
               Dismisses the action as to the remainder;
            
         
               3.
            
            
               Orders each party to bear its own costs.
            
         
      (1)  OJ C 57, 5.3.2005.