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Case T-439/17: Judgment of the General Court of 5 March 2019 — Yellow Window v EIGE (Public service contracts — Tender procedure — Provision of a service for the implementation of a study on female genital mutilation — Rejection of a tenderer’s bid — Obligation to state reasons — Coherence between comments and the numerical score — Non-contractual liability)
ECLI:EU:UNKNOWN:62017TA0439
62017TA0439
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15.4.2019
Official Journal of the European Union
C 139/47
(Case T-439/17) (<span class="super note-tag">1</span>)
(Public service contracts - Tender procedure - Provision of a service for the implementation of a study on female genital mutilation - Rejection of a tenderer’s bid - Obligation to state reasons - Coherence between comments and the numerical score - Non-contractual liability)
(2019/C 139/46)
Language of the case: English
Parties
Applicant: Yellow Window (Antwerp, Belgium) (represented by: M. Velardo, lawyer)
Defendant: European Institute for Gender Equality (represented by: V. Ost and M. Vanderstraeten, lawyers)
Re:
Application (i) under Article 263 TFEU for annulment of the decision of the EIGE of 8 May 2017 rejecting the tender submitted by the applicant in procurement procedure EIGE/2017/OPER/04 and the decisions selecting as successful the tender submitted by Company Y and awarding that contract to it, (ii) under Article 268 TFEU for an award of damages in respect of those decisions and (iii) in the alternative, for compensation for irregularities in the award of that contract.
Operative part of the judgment
The Court:
1.Annuls the decision of the European Institute for Gender Equality (EIGE) of 8 May 2017 rejecting the tender submitted by Yellow Window NV in the context of the EIGE/2017/OPER/04 tender procedure and the decisions of 8 May 2017 adopting the tender submitted by Company Y in the context of that procedure and awarding it that contract;
2.Dismisses the action as to the remainder;
3.Orders Yellow Window to bear 25 % of its own costs and the EIGE to bear its own costs and to pay 75 % of the costs incurred by Yellow Window.
(<span class="note">1</span>) OJ C 338, 9.10.2017.