CELEX: 62010TJ0170
Language: en
Date: 2011-11-15
Title: Judgment of the General Court (Sixth Chamber) of 15 November 2011.#Computer Task Group Luxembourg PSF SA (CTG Luxembourg PSF) v Court of Justice of the European Union.#Public service contracts - Procurement procedure - Provision of support services to IT systems users - Rejection of a tenderer’s bid because it was lodged out of time - Award of contract to another tenderer - Action for annulment - Non-contractual liability.#Joined cases T-170/10 and T-340/10.

Judgment of the General Court (Sixth Chamber) of 15 November 2011 – CTG Luxembourg PSF v Court of Justice
      (Joined Cases T-170/10 and T-340/10)
      Public service contracts – Procurement procedure – Provision of support services to IT systems users – Rejection of a tenderer’s bid because it was lodged out of time – Award of contract to another tenderer – Action for annulment – Non-contractual liability
      1.                     European Union public contracts – Tender procedure – Fixing of a time-limit for the lodging and sending of tenders – Lawfulness
            – No duty to specify the relevant time zone (Commission Regulation No 2342/2002, Arts 130(2)(a) and 145(3), first para.) (see
            paras 26-35)
      2.                     European Union public contracts – Tender procedure – Time-limits for access to documents calling for tenders – Obligation
            to supply potential tenderers with the additional information requested – Limits (Commission Regulation No 2342/2002, Art.
            141(2)) (see paras 39-42)
      3.                     European Union public contracts – Tender procedure – Decision to reject a tender – Duty to state reasons – Scope (Council
            Regulation No 1605/2002, Art. 100(2); Commission Regulation No 2342/2002, Art. 149(2) and (3)) (see paras 46-47, 49)
      4.                     European Union public contracts – Tender procedure – Irregularity of the administrative procedure – Effects – Annulment of
            the contested decision – Conditions (see para. 51)
      Re:
      
         APPLICATIONS (i) for annulment, first, of the decision of the Court of Justice of 9 February 2010 to reject the tender submitted
                  by the consortium of which the applicant is a member in the context of procurement procedure reference AO 008/2009 entitled
                  ‘1
               
               st
                and 2
               nd
                level support for the users of IT and telephone systems, call centre, end user hardware management’ and, secondly, of the
                  decision of 5 March 2010 confirming the rejection and, thirdly, the decision to award the contract to another tenderer, and
                  (ii) for compensation for the loss allegedly incurred by the applicant as a result of those decisions.
               
            Operative part 
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the applications;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Computer Task Group Luxembourg PSF SA (CTG Luxembourg PSF) to pay the costs.