Judgment of the Court of First Instance (Third Chamber) of 10 September 2008 – Evropaïki Dynamiki v Commission
(Case T-465/04)
Public service contracts – Community tendering procedure – Provision of computer and related services linked to the information systems of the Directorate‑General for Fisheries – Rejection of a submitted tender – Obligation to state the reasons on which the decision is based
1. Actions for annulment – Jurisdiction of the Community judicature – Pleas seeking that directions be issued to an institution – Inadmissibility (Arts 230 EC and 233 EC) (see para. 35)
2. European Communities’ public procurement – Conclusion of a contract following a call for tenders – Discretion of the institutions – Judicial review – Limits (see para. 45)
3. Acts of the institutions – Statement of reasons – Obligation – Scope – Decision, in the context of the tendering procedure for a public service contract, not to accept an offer (Art. 253 EC; Council Regulation No 1605/2002, Art. 100(2); Commission Regulation No 2342/2002, Art. 149) (see paras 47-50, 54-55, 59, 76-80)
Re:
APPLICATION for annulment of the Commission’s decision of 15 September 2004 not to accept the tender submitted by the applicant in the tendering procedure relating to the provision of computer and related services linked to the information systems of the Directorate-General for Fisheries, and to award the contract to the successful tenderer.
Operative part
The Court:
1.
Annuls the Commission’s decision to reject the tender submitted by Evropaïki Dynamiki – Proigmena Sistimata Tilepikinonion Pliroforikis kai Tilematikis AE and to award the contract to the successful tenderer in the tendering procedure ‘FISH/2004/02’;
2.
Orders the Commission to pay the costs.
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