Judgment of the General Court (Second Chamber) of 19 October 2022 –
Lenovo Global Technology Belgium v Joint Undertaking EuroHPC
(Case T‑717/20) ( 1 )
(Public procurement – Tendering procedure – Acquisition, delivery, installation and maintenance of the Leonardo Supercomputer for the hosting entity Cineca – Rejection of a tenderer’s bid – Equal treatment – Principle of sound administration – Manifest error of assessment)
1. |
European Union public contracts – Tendering procedure – Obligation to comply with the principle of equal treatment of tenderers – Need to ensure equal opportunities and comply with the principle of transparency – Scope (European Parliament and Council Regulation 2018/1046, Art. 160(1)) (see paragraphs 28-32, 140) |
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 2018/1046) (see paragraphs 64, 106, 124, 141) |
3. |
Action for annulment – Pleas in law – Action against a decision rejecting a tender submitted by a tenderer in the context of a public procurement procedure launched by an EU institution – Plea in law alleging a manifest error of assessment on the part of the contracting authority – Burden of proof borne by the applicant (Art. 263 TFEU) (see paragraph 65) |
4. |
Fundamental rights – Charter of Fundamental Rights – Right to sound administration – Scope (Charter of Fundamental Rights of the European Union, Art. 41) (see paragraph 66) |
5. |
Acts of the institutions – Statement of reasons – Obligation – Scope – Decision, in the procedure for the award of a public service contract, 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 paragraphs 159, 160, 162, 164) |
6. |
Acts of the institutions – Statement of reasons – Obligation – Scope – Essential formality distinct from the merits of the decision (Art. 296 TFEU) (see paragraphs 161, 165) |
Operative part
The Court:
1. |
Dismisses the action; |
2. |
Orders Lenovo Global Technology Belgium BV to bear its own costs and to pay those incurred by the European High-Performance Computing Joint Undertaking (EuroHPC); |
3. |
Orders the European Commission to bear its own costs. |
( 1 ) OJ C 53, 15.2.2021.