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Document 62019TJ0578
Judgment of the General Court (Eighth Chamber) of 10 February 2021.
Sophia Group v European Parliament.
Public service contracts – Tender procedure – Provision of assistance services for buildings – Rejection of a tenderer’s offer – Award of the contract to another tenderer – Selection criteria – Award criteria – Most economically advantageous tender – Use of labels and certifications in the formulation of award criteria – Obligation to state reasons.
Case T-578/19.
Judgment of the General Court (Eighth Chamber) of 10 February 2021.
Sophia Group v European Parliament.
Public service contracts – Tender procedure – Provision of assistance services for buildings – Rejection of a tenderer’s offer – Award of the contract to another tenderer – Selection criteria – Award criteria – Most economically advantageous tender – Use of labels and certifications in the formulation of award criteria – Obligation to state reasons.
Case T-578/19.
ECLI identifier: ECLI:EU:T:2021:77
Judgment of the General Court (Eighth Chamber) of 10 February 2021 –
Sophia Group v Parliament
(Case T‑578/19)
(Public service contracts – Tender procedure – Provision of assistance services for buildings – Rejection of a tenderer’s offer – Award of the contract to another tenderer – Selection criteria – Award criteria – Most economically advantageous tender – Use of labels and certifications in the formulation of award criteria – Obligation to state reasons)
1. |
European Union public contracts – Tendering procedure – Award of contracts – Most economically advantageous tender – Criteria for selecting candidates – Capacity of candidates to provide the services specified – Award criteria – Assistance services for buildings – Criteria relating to the organisation of personnel and the assessment of the technical and professional capacity of tenderers to perform the contract in question – Criteria normally used for the selection of tenderers – Application to the award of the contract – Not permissible – Conditions (European Parliament and Council Regulation 2018/1046, Arts 160 and 167, Annex I) (see paras 51-57, 145) |
2. |
European Union public contracts – Conclusion of a contract following a call for tenders – Discretion of the institutions – Judicial review – Limits (European Parliament and Council Regulation No 2018/1046) (see para. 58) |
3. |
European Union public contracts – Tendering procedure – Award of contracts – Most economically advantageous tender – Award criteria – Choice of the contracting authority – Imprecise award criteria – None – Criteria based on social considerations – Whether permissible – Use of labels and certifications – Whether permissible – Absence of a list of the criteria underlying the specific labels and absence of authorisation to provide by any means proof that a product meets those criteria – Not permissible (European Parliament and Council Regulation 2018/1046, Arts 160 and 167, Annex I) (see paras 87-93) |
4. |
Acts of the institutions – Statement of reasons – Obligation – Scope – Decision, as part of the public-procurement procedure, not to accept a tender – Assessment having regard to the information at the applicant’s disposal at the time the action was brought – Information provided to the applicant not clearly showing the reasons for rejecting the tender and not sufficiently explaining the characteristics and advantages of the tender accepted – Obligation to communicate, following a written request, the characteristics and relative advantages of the tender accepted and the name of the tenderer – Obligation on the awarding authority to provide a detailed comparative analysis of the tender accepted and the tender of the unsuccessful tenderer – None – Sufficient statement of reasons (Art. 256 TFEU, European Parliament and Council Regulation 2018/1046, Art. 170(2) and (3)(a) and Annex I) (see paras 162-171, 174-177) |
Re:
Application based on Article 263 TFEU seeking annulment of the decision of the Parliament of 30 July 2019 to award Lot No 1 of the tender for the ‘Provision of Buildings HelpDesk services’ (Call for tenders 06A 0010/2019/M011) to another tenderer.
Operative part
The Court:
1. |
Dismisses the action; |
2. |
Orders Sophia Group to pay the costs, including those relating to the interim proceedings. |