CELEX: 62009TJ0298
Language: en
Date: 2011-09-20
Title: Judgment of the General Court (Second Chamber) of 20 September 2011.#Evropaïki Dynamiki - Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE v European Commission.#Public service contracts - Community tendering procedure - Supply of external services for educational programmes - Award of the contract to several tenderers - Tenderer’s ranking - Action for annulment - Obligation to state the reasons on which the decision is based - Grounds for exclusion from the contract award procedure - Article 93(1)(f) of the Financial Regulation - Tender validity period - Non-contractual liability.#Case T-298/09.

Judgment of the General Court (Second Chamber) of 20 September 2011 – Evropaïki Dynamiki v Commission
      (Case T-298/09)
      Public service contracts – Community tendering procedure – Supply of external services for educational programmes – Award of the contract to several tenderers – Tenderer’s ranking – Action for annulment – Duty to state reasons – Grounds for exclusion from the contract award procedure – Article 93(1)(f) of the Financial Regulation – Tender validity period – Non-contractual liability
      1.                     Acts of the institutions – Statement of reasons – Obligation – Scope – Decision to give no further consideration to a tenderer
            in the award procedure for a public service contract – Assessment having regard to information at the applicant’s disposal
            at the time the action was brought – No infringement of the duty to state reasons (Art. 296 TFEU; Council Regulation No 1605/2002,
            Art. 100(2); Commission Regulation No 2342/2002, Art. 149(2) and (3)) (see paras 27-31, 54)
      2.                     European Union public contracts – Tender procedure – Award of contracts – Principle of equal treatment of tenderers – Scope
            (Art. 18 TFEU; Council Regulation No 1605/2002, Art. 89(1)) (see para. 73)
      3.                     Non-contractual liability – Conditions – Unlawfulness – Damage – Causal link – One of those conditions lacking – Claim for
            compensation dismissed in its entirety (Art. 340, second para., TFEU) (see paras 100-103)
      Re: 
      
         
               APPLICATION, first, for annulment of two Commission decisions, communicated in two separate letters of 12 May 2009 ranking
                  the applicant, for its tenders in response to the open call for tenders EAC/01/2008 for external service provision for educational
                  programmes (ESP-ISEP) (OJ 2008/S 158-212752), for Lot No 1 (IS (information system) Development and Maintenance) and for Lot
                  No 2 (IS (information system) Studies, Testing, Training and Support), as second contractor for each of those lots and, secondly,
                  for damages.
               
            Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Evropaïki Dynamiki – Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE to bear its own costs and
                     to pay those incurred by the European Commission.