CELEX: 62006TJ0406
Language: en
Date: 2008-11-12 00:00:00
Title: Judgment of the Court of First Instance (First Chamber) of 12 November 2008.#Evropaïki Dynamiki - Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE v Commission of the European Communities.#Public service contracts - Invitation to tender concerning support services for the system of registries established under Directive 2003/87/EC - Rejection of a tender - Decision to award the contract to another tenderer - Manifest error of assessment - Obligation to state the reasons on which the decision is based - Claim for damages.#Case T-406/06.

Judgment of the Court of First Instance (First Chamber) of 12 November 2008 – Evropaïki Dynamiki v Commission
      (Case T-406/06)
      Public service contracts – Invitation to tender concerning support services for the system of registries established under Directive 2003/87/EC – Rejection of a tender – Decision to award the contract to another tenderer – Manifest error of assessment – Obligation to state the reasons on which the decision is based – Claim for damages
      1.                     Acts of the institutions – Statement of reasons – Obligation – Scope – Decision in an award procedure for a public service
            contract, to reject a tender (Art. 253 EC; Council Regulation No 1605/2002, Art. 100(2); Commission Regulation No 2342/2002,
            Art. 149(2) and (3), third para.) (see paras 47-50, 99-100, 106-107, 110-111)
      2.                     European Communities’ public procurement – Conclusion of a contract following a call for tenders – Discretion of the institutions
            – Judicial review – Limits (see para. 64)
      3.                     European Communities’ public procurement – Tendering procedure – Duty to comply with the principles of equal treatment of
            tenderers and transparency in order to ensure an undistorted system of competition (Council Regulation No 1605/2002, Art.
            89(1)) (see paras 82-86)
      Re:
      
         
               APPLICATION for, first, annulment of the Commission’s decision of 19 October 2006 to reject the applicant’s offer in a call
                  for tenders for support services for the system of registries established under Directive 2003/87/EC of the European Parliament
                  and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community
                  and amending Council Directive 96/61/EC (OJ 2003 L 275, p. 32), the Community independent transaction log (CITL), with technical
                  maintenance and user support (OJ 2006 S 102), and an application for annulment of the decision to award the contract to another
                  tenderer and, secondly, a claim for damages.
               
            Operative part
      The Court: 
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Evropaïki Dynamiki – Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE to pay its own costs and those
                     incurred by the Commission.