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Judgment of the General Court (Eighth Chamber) of 5 October 2012.#Evropaïki Dynamiki - Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE v European Commission.#Public service contracts — Tendering procedure — Provision of information technology services — Selection of the tenderer as second contractor in the cascade procedure — Action for annulment — Grounds for exclusion from the tendering procedure — Conflict of interests — Duty to state reasons — Manifest error of assessment — Equal treatment — Non-contractual liability.#Case T‑591/08.
ECLI:EU:T:2012:522
62008TJ0591
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(Case T-591/08)
3. Proceedings — Application initiating proceedings — Formal requirements — Summary statement of pleas — Simple reference to annexes — Inadmissibility (Rules of Procedure of the General Court, Art. 44(1)) (see para. 66)
4. 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 — Obligation to communicate, following a written request, the characteristics and relative advantages of the tender accepted and the name of the tenderer (Art. 253 EC; Council Regulation No 1605/2002, Art. 100(2); Commission Regulation No 2342/2002, Art. 149) (see paras 76-79, 130, 137, 157)
6. EU public contracts — Conclusion of a contract following a call for tenders — Discretion of the institutions — Judicial review — Limits (see para. 158)
7. Proceedings — Introduction of new pleas during the proceedings — Conditions — New plea — Concept (Rules of Procedure of the General Court, Arts 44(1)(c) and 48(2)) (see para. 190)
Re:
APPLICATION for (i) annulment of the Commission decisions of 17 October 2008 selecting the applicant’s tender as second contractor in the cascade for Lots 2 and 3 under the call for tenders launched in the field of ‘Statistical Information Technologies’, concerning advisory and development services relating to the format for the exchange of statistical data and metadata (SDMX) (OJ 2008/S 120-159017), and of all further related decisions, including the decisions awarding the contract to other tenderers, and (ii) damages.
Operative part
The Court: