15.8.2008   

EN

Official Journal of the European Union

C 209/62

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Declare that the Office for Official Publications of the European Communities (Publications Office) infringed Community law in relation to tenders and contracts set out in the present application;

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Order the Publications Office to compensate the costs and damages incurred by the applicant, as set out in the present application;

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Order the Publications Office to pay the applicant's costs.

1.

In tender No 2034 for the production and duplication of CD-ROMs containing the L and C series of the Official journal: by awarding the tender to a competitor of the applicant, in spite of the applicant having submitted the economically most advantageous bid; by amending the key specifications and lowering tender requirements during the tender procedure or after the successful tenderer had been selected without informing other competitors; by refusing to carry out a proper review of the tender results when objections concerning the outcome of the tender were brought to the Publications Office's attention; by failing to organise a new tender instead of continuing contract No 2034 on the basis of significantly lowered standards.

2.

In tender No 6019 for the provision of services in relation to electronic publications, in particular the Supplement (S) of the Official Journal, after the accession of 10 new member States: by cancelling the tender on the basis of Article 101 of Regulation 1605/2002 (1) for reason of disclosure of confidential information; the applicant submits that the said disclosure could not have influenced the tender results as the information was already in the public knowledge and the bids had already been submitted by then. Moreover, the applicant claims that there was no proper motivation given by the Publications Office. It finally submits that the cancellation caused significant damage to the applicant which had submitted the most advantageous of the two remaining bids within the cancelled tender.

3.

In tender No 1695 for the provision of services in relation to electronic publications, in particular the Supplement (S) of the Official Journal: by using the extension of Contract No 1695 to amend it. The applicant claims that there was no legal basis for the Publications Office to proceed or to authorise the extension of the Contract and, in consequence, to amend it by changing the subcontractor. The applicant submits that the Publications Office failed to seriously negotiate or investigate the possibility of maintaining the applicant as the existing main subcontractor during the remaining period.