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Judgment of the General Court (Seventh Chamber) of 10 October 2012.#Evropaïki Dynamiki - Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE v European Commission.#Public service contracts — Tendering procedure — Supply of services relating to the production and dissemination of the Supplement to the Official Journal of the European Union and related offline and online media — Rejection of the bid of one tenderer and decision to award the contract to another tenderer — Obligation to state reasons — Equal treatment — Manifest error of assessment — Non-contractual liability.#Case T‑247/09.
ECLI:EU:T:2012:533
62009TJ0247
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(Case T-247/09)
3. EU public contracts — Conclusion of a contract by tender — Discretion of the institutions — Judicial review — Limits (Council Regulation No 1605/2002; Commission Regulation No 2342/2002, Art. 146(1), second para.) (see paras 50, 75)
5. EU public contracts — Tender procedure — Duty to comply with the principle of equal treatment of tenderers — Need to ensure equal opportunities and comply with the principle of transparency — Scope (see paras 66-69)
6. 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. 165)
8. Proceedings — Costs — Costs caused unreasonably or vexatiously — Conduct of an institution encouraging the dispute (Rules of Procedure of the General Court, Art. 87(3), second para.) (see paras 183, 184)
Re:
APPLICATION for the annulment of the decision of the Office for Official Publications of the European Communities of 7 April 2009 to reject the bid submitted by the applicant filed in response to the call for tenders for the supply of services for the production and dissemination of the Supplement to the Official Journal of the European Union and related offline and online media, and all further decisions of the Office for Publications, including the one to award the contract to another tenderer, and a claim for damages.
Operative part
The Court:
1.Dismisses the action;
2.Orders Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE to bear its own costs and to pay those incurred by the European Commission.