This document is an excerpt from the EUR-Lex website
Document 62024TA0105
Case T-105/24: Judgment of the General Court of 1 July 2026 – Airbus Defence and Space and Marlink Events v EDA (Public service contracts – Tendering procedure – Provision of satellite communications, equipment and related services – Rejection of a tenderer’s bid – Award of the contract to another tenderer – Regulation (EU, Euratom) 2018/1046 – Award criteria – Obligation to state reasons – Obligation to examine tenders in accordance with the criteria set out in the procurement documents – Manifest error of assessment – Equal treatment – Non-contractual liability – Loss of opportunity – Compensation)
Case T-105/24: Judgment of the General Court of 1 July 2026 – Airbus Defence and Space and Marlink Events v EDA (Public service contracts – Tendering procedure – Provision of satellite communications, equipment and related services – Rejection of a tenderer’s bid – Award of the contract to another tenderer – Regulation (EU, Euratom) 2018/1046 – Award criteria – Obligation to state reasons – Obligation to examine tenders in accordance with the criteria set out in the procurement documents – Manifest error of assessment – Equal treatment – Non-contractual liability – Loss of opportunity – Compensation)
Case T-105/24: Judgment of the General Court of 1 July 2026 – Airbus Defence and Space and Marlink Events v EDA (Public service contracts – Tendering procedure – Provision of satellite communications, equipment and related services – Rejection of a tenderer’s bid – Award of the contract to another tenderer – Regulation (EU, Euratom) 2018/1046 – Award criteria – Obligation to state reasons – Obligation to examine tenders in accordance with the criteria set out in the procurement documents – Manifest error of assessment – Equal treatment – Non-contractual liability – Loss of opportunity – Compensation)
OJ C, C/2026/4295, 17.8.2026, ELI: http://data.europa.eu/eli/C/2026/4295/oj (BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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Official Journal |
EN C series |
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C/2026/4295 |
17.8.2026 |
Judgment of the General Court of 1 July 2026 – Airbus Defence and Space and Marlink Events v EDA
(Case T-105/24) (1)
(Public service contracts - Tendering procedure - Provision of satellite communications, equipment and related services - Rejection of a tenderer’s bid - Award of the contract to another tenderer - Regulation (EU, Euratom) 2018/1046 - Award criteria - Obligation to state reasons - Obligation to examine tenders in accordance with the criteria set out in the procurement documents - Manifest error of assessment - Equal treatment - Non-contractual liability - Loss of opportunity - Compensation)
(C/2026/4295)
Language of the case: French
Parties
Applicants: Airbus Defence and Space SAS (Toulouse, France), Marlink Events SAS (Choisy-le-Roi, France) (represented by: M. Lordonnois and Q. Lejeune, lawyers)
Defendant: European Defence Agency (represented by: G. Serra and E. Robert, acting as Agents, and by P. de Bandt, Z. Irusta Ortega and M.-R Gherghinaru, lawyers)
Re:
By their action, the applicants seek, on the basis of Article 263 TFEU, the annulment of the decision of the European Defence Agency (EDA) of 12 December 2023 rejecting the tender submitted by the consortium which they formed together (‘the consortium’) in call for tenders 23.ISE.JP.001 entitled ‘Provision of C, Ku, (civ)Ka, L and UHF Bands Satellite Communications, (mil)Ka & X Bands Equipment and Related Services’ (‘the contract at issue’) and awarding the contract to Telespazio France SAS (‘the decision of 12 December 2023’). They further seek the annulment of the letter from the EDA of 23 January 2024, by which, in particular, it confirmed to them the result of the tendering procedure (‘the letter of 23 January 2024’), and the annulment of the decision of the EDA of 24 January 2024 to sign the contract at issue with Telespazio France. Furthermore, on the basis of Article 268 TFEU, the applicants seek compensation for the damage which they claim to have suffered as a result of those acts.
Operative part of the judgment
The Court:
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1. |
Annuls the decision of the European Defence Agency (EDA) of 12 December 2023 rejecting the tender submitted by the consortium formed by Airbus Defence and Space SAS and Marlink Events SAS in call for tenders 23.ISE.JP.001 entitled ‘Provision of C, Ku, (civ)Ka, L and UHF Bands Satellite Communications, (mil)Ka & X Bands Equipment and Related Services’ and awarding that contract to Telespazio France SAS, and the decision of the EDA of 23 January 2024, by which, in particular, it confirmed to the consortium the result of the tendering procedure and refused the request made by Airbus Defence and Space and Marlink Events for the disclosure of certain scores obtained in the evaluation of tenders; |
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2. |
Orders the European Union, represented by the EDA, to pay compensation for the damage suffered by Airbus Defence and Space and by Marlink Events in relation to the loss of an opportunity for the consortium formed by those two companies to be awarded the contract referred to in point 1 of the operative part; |
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3. |
Fixes the amount of compensation payable by the European Union, represented by the EDA, to Airbus Defence and Space at EUR 3 864 315, together with default interest starting from the date of delivery of the present judgment until full payment, at the rate set by the European Central Bank (ECB) for its main refinancing operations, increased by two percentage points; |
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4. |
Fixes the amount of compensation payable by the European Union, represented by the EDA, to Marlink Events at EUR 458 185, together with default interest starting from the date of delivery of the present judgment until full payment, at the rate set by the ECB for its main refinancing operations, increased by two percentage points; |
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5. |
Dismisses the action as to the remainder; |
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6. |
Orders the EDA to pay the costs. |
ELI: http://data.europa.eu/eli/C/2026/4295/oj
ISSN 1977-091X (electronic edition)