CELEX: 62009TJ0086
Language: en
Date: 2011-09-22
Title: Judgment of the General Court (Seventh Chamber) of 22 September 2011.#Evropaïki Dynamiki - Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE v European Commission.#Public service contracts - Tendering procedure - Provision of computer and related services, including the maintenance and development of the information systems of the Commission Directorate-General for Maritime Affairs and Fisheries - Rejection of a tender - Obligation to state reasons - Equal treatment - Transparency - Award criteria - Conflict of interests - Manifest error of assessment - Non-contractual liability.#Case T-86/09.

Judgment of the General Court (Seventh Chamber) of 22 September 2011 – Evropaïki Dynamiki v Commission
      (Case T-86/09)
      Public service contracts – Tendering procedure – Provision of computer and related services, including the maintenance and development of the information systems of the Commission
         Directorate-General for Maritime Affairs and Fisheries – Rejection of a tender – Obligation to state reasons – Equal treatment – Transparency – Award criteria – Conflict of interests – Manifest error of assessment – Non-contractual liability
      
      1.                     Acts of the institutions – Statement of reasons – Obligation – Scope – Decision, in a tendering procedure for a public service
            contract, not to accept a tender – Obligation to communicate, following a written request, the characteristics and relative
            advantages of the tender accepted and the name of the tenderer (Art. 253 EC; Council Regulation No 1605/2002, Art. 100(2);
            Commission Regulation No 2342/2002, Art. 149(3)) (see paras 26, 29-32)
      2.                     European Communities’ public procurement – Tender procedure – Obligation to comply with the principle of equal treatment tenderers
            – Need to ensure equality of opportunity and comply with the principle of transparency – Disparity in information communicated
            to tenderers, to the benefit of the established contractor – Information neither necessary nor useful for the formulation
            of tenders – No infringement of the equal treatment principle (see paras 60-63, 65-83)
      3.                     European Communities’ public procurement – Conclusion of a contract following a call for tenders – Power of the institutions
            in the conduct of the tendering procedure – Conflict of interest between a tenderer and a member of the tender evaluation
            committee – Concept (Council Regulation No 1605/2002, Art. 52(2)) (see paras 100-103)
      4.                     European Communities’ public procurement – Conclusion of a contract following a call for tenders – Discretion of the institutions
            – Judicial review – Limits (see para. 123)
      Re:
      
         
               APPLICATION for annulment of the Commission’s decision of 12 December 2008 rejecting the tender submitted by the applicant
                  in response to Call for Tenders MARE/2008/01 for the provision of computer and related services, including the maintenance
                  and development of the information systems of the Commission’s Maritime Affairs and Fisheries Directorate-General (OJ 2008
                  S 115) and of the decision to award the contract to another tenderer, and an application 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.