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Judgment of the General Court (Fifth Chamber) of 8 July 2010.#Evropaïki Dynamiki - Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE v European Environment Agency (AEE).#Public service contracts - EEA tendering procedure - Provision of information technology consultancy services - Rejection of the tender - Action for annulment - Jurisdiction of the Court - Award criteria set out in the tender specifications - Sub-criteria - Manifest error of assessment - Obligation to state the reasons on which a decision is based.#Case T-331/06.
ECLI:EU:T:2010:292
62006TJ0331
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(Case T-331/06)
Public service contracts – EEA tendering procedure – Provision of information technology consultancy services – Rejection of the tender – Action for annulment – Jurisdiction of the Court – Award criteria set out in the tender specifications – Sub‑criteria – Manifest error of assessment – Duty to state reasons
4. Acts of the institutions – Statement of reasons – Obligation – Scope – Decision in a procedure for the award of a public service contract not to accept a tender – Assessment having regard to information at the disposal of the applicant at the time of the bringing of the action (Art. 253 EC; Council Regulation No 1605/2002, Art. 100(2); Commission Regulation No 2342/2002, Art. 149) (see paras 120-123)
Re:
ACTION for annulment of the decision of the EEA of 14 September 2006 to reject the tender submitted by the applicant in tendering procedure EEA/IDS/06/002 relating to the provision of information technology consultancy services (OJ 2006 S 118‑125101) and to award the public contract to other tenderers.
Operative part
The Court: