CELEX: 62009TJ0057
Language: en
Date: 2011-10-20 00:00:00
Title: Judgment of the General Court (Seventh Chamber) of 20 October 2011.#Alfastar Benelux v Council of the European Union.#Public service contracts - Tendering procedure - Provision of technical maintenance and help desk and on-site intervention services for the PCs, printers and peripherals of the General Secretariat of the Council - Rejection of a tender - Obligation to state the reasons on which a decision is based.#Case T-57/09.

Judgment of the General Court (Seventh Chamber) of 20 October 2011 – Alfastar Benelux v Council
      (Case T-57/09)
      Public service contracts – Tendering procedure – Provision of technical maintenance and help desk and on-site intervention services for the PCs, printers and peripherals
         of the General Secretariat of the Council – Rejection of a tender – Duty to state reasons
      
      1.                     Acts of the institutions – Statement of reasons – Obligation – Scope – Decision, in the procedure for awarding a public services
            contract, to reject a tender – Assessment having regard to the information at the applicant’s disposal at the time the action
            was brought – Advantages of the successful tender not communicated – Inadequate statement of reasons (Art. 253 EC; Council
            Regulation No 1605/2002, Art. 100(2); Commission Regulation No 2342/2002, Art. 149(3)) (see paras 24-29, 36-43)
      2.                     Non-contractual liability – Conditions – Unlawfulness – Injury/damage – Causal link – Annulment, for lack of reasoning, of
            a Council decision rejecting a tender in a public service contract procedure – Reality of the unlawfulness and the causal
            link depending on examination of pleas having to be directed against the decision replacing the annulled decision – Claim
            for compensation premature (Art. 288, second para., EC) (see paras 45-53)
      Re:
      
         
               APPLICATION, first, for annulment of the Council’s decision of 1 December 2008 to reject the tender submitted by the Alfastar-Siemens
                  consortium, composed of Alfastar Benelux SA and Siemens IT Solutions and Services SA, in response to Call for Tenders UCA/218/07
                  for the provision of technical maintenance – help desk and on-site intervention services for the PCs, printers and peripherals
                  of the General Secretariat of the Council (OJ 2008/S 91‑122796) and to award the contract to another tenderer and, secondly,
                  for damages.
               
            Operative part 
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Annuls the Council’s decision of 1 December 2008 to reject the tender submitted by the consortium composed of Alfastar Benelux
                     SA and Siemens IT Solutions and Services SA, in response to Call for Tenders UCA/218/07 for the provision of technical maintenance
                     – help desk and on-site intervention services for the PCs, printers and peripherals of the General Secretariat of the Council
                     and to award the contract to another tenderer; 
                  
               
            
         
                  2.
               
               
                  
               
               
                  	Dismisses the claim for damages;
               
            
         
                  3.
               
               
                  
               
               
                  	Orders the Council of the European Union to pay the costs.