Keywords
Subject of the case
Operative part

Keywords

Acts of the institutions – Statement of reasons – Obligation – Scope – Decision to give no further consideration to a tenderer in the award procedure for a public service contract – Assessment having regard to information at the applicant’s disposal at the time the action was brought – No infringement of the duty to state reasons (Art. 296 TFEU; Council Regulation No 1605/2002, Art. 100(2); Commission Regulation No 2342/2002, Art. 149(2) and (3)) (see paras 27-31, 54)

2. European Union public contracts – Tender procedure – Award of contracts – Principle of equal treatment of tenderers – Scope (Art. 18 TFEU; Council Regulation No 1605/2002, Art. 89(1)) (see para. 73)

3. Non-contractual liability – Conditions – Unlawfulness – Damage – Causal link – One of those conditions lacking – Claim for compensation dismissed in its entirety (Art. 340, second para., TFEU) (see paras 100-103)

Subject of the case

Re:

APPLICATION, first, for annulment of two Commission decisions, communicated in two separate letters of 12 May 2009 ranking the applicant, for its tenders in response to the open call for tenders EAC/01/2008 for external service provision for educational programmes (ESP-ISEP) (OJ 2008/S 158-212752), for Lot No 1 (IS (information system) Development and Maintenance) and for Lot No 2 (IS (information system) Studies, Testing, Training and Support), as second contractor for each of those lots and, secondly, for damages.

Operative part

Operative part

The Court:

1. Dismisses the action;

2. Orders Evropaïki Dynamiki – Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE to bear its own costs and to pay those incurred by the European Commission.