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Case T-457/07: Action brought on 10 December 2007 — Evropaïki Dynamiki v EFSA

ECLI:EU:UNKNOWN:62007TN0457

62007TN0457

December 10, 2007
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23.2.2008

EN

Official Journal of the European Union

C 51/47

(Case T-457/07)

(2008/C 51/87)

Language of the case: English

Parties

Applicant: Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE (Athens, Greece) (represented by: N. Korogiannakis, lawyer)

Defendant: European Food Safety Authority (EFSA)

Form of order sought

Annul the decision of EFSA to evaluate the applicant's bid as not successful and award the contract to the successful contractor;

order EFSA to pay the applicant's legal and other costs and expenses incurred in connection with this application.

Pleas in law and main arguments

The applicant submitted a bid in response to the defendant's call for an open tender for the provision of IT consultancy assistance (OJ 2007/S 97-118626). The applicant contests the defendant's decision of 1 October 2007 to reject the applicant's bid and to award the contract to another tenderer.

In support of its application, the applicant submits that EFSA failed to state reasons in accordance with Article 253 EC and, in particular, inform the applicant of the relative merits of the successful tenderer. According to the applicant, EFSA mixed selection criteria with award criteria when evaluating the bids and used evaluation criteria that were not expressly included in the call for tender. Furthermore, the applicant alleges that EFSA committed manifest errors of assessment.

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