24.10.2009

Official Journal of the European Union

C 256/22

(Case T-437/05) (Public services contracts - Community tender procedure - Security and surveillance of the Commission’s buildings in Luxembourg - Rejection of a tenderer’s bid - Equal treatment - Access to documents - Effective judicial protection - Duty to give reasons - Transfer of undertaking - Action for damages)

2009/C 256/39

Language of the case: French

Parties

Applicant: Brink’s Security Luxembourg SA (Luxembourg, Luxembourg) (represented by: C. Point and G. Dauphin, lawyers)

Defendant: Commission of the European Communities (represented by: E. Manhaeve, M. Šimerdová and K. Mojzesowicz, Agents, and by J. Stuyck, lawyer)

Intervener in support of the defendant: G4S Security Services SA, formerly Group 4 Falck — Surveillance and Security Company SA (Luxembourg, Luxembourg) (represented by: M. Molitor, P. Lopes Da Silva, N. Cambonie and N. Bogelmann, lawyers)

Re:

First, an action for annulment of the Commission Decision of 30 November 2005 rejecting the tender submitted by the applicant in call for tenders No 16/2005/OIL (provision of building surveillance and security services); the Commission Decision of 30 November 2005 to award the contract to another tenderer; an alleged implied Commission Decision refusing to withdraw its two previous decisions and two of its letters, dated 7 and 14 December 2005, responding to the applicant’s requests for information. Second, an action for damages seeking compensation for the loss allegedly suffered by the applicant.

Operative part of the judgment

The Court:

1.Annuls the Commission Decision of 14 December 2005, rejecting the request that the composition of the evaluation committee in call for tenders No 16/2005/OIL be communicated to the applicant;

2.Dismisses the action for annulment as to the remainder;

3.Dismisses the action for damages;

4.Orders Brink’s Security Luxembourg SA to pay, apart from its own costs, half of the costs incurred by the Commission of the European Communities and by G4S Security Services SA, including those relating to the interlocutory proceedings;

5.Orders the Commission to bear half of its own costs;

6.Orders G4S Security Services to bear half of its own costs.

(1) OJ C 48, 25.2.2006.