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Case T-591/08: Judgment of the General Court of 5 October 2012 — Evropaïki Dynamiki v 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 — Obligation to state the reasons on which the decision is based — Manifest error of assessment — Equal treatment — Non-contractual liability)
ECLI:EU:UNKNOWN:62008TA0591
62008TA0591
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24.11.2012
Official Journal of the European Union
C 366/28
(Case T-591/08) (<span class="super">1</span>)
(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 - Obligation to state the reasons on which the decision is based - Manifest error of assessment - Equal treatment - Non-contractual liability)
2012/C 366/53
Language of the case: English
Parties
Applicant: Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonon Pliroforikis kai Tilematikis AE (Athens, Greece) (represented by: N. Korogiannakis and P. Katsimani, lawyers)
Defendant: European Commission (represented: initially by B. Simon and E. Manhaeve, acting as Agents, assisted by P. Wytinck, lawyer, and subsequently by E. Manhaeve, assisted by P. Wytinck and B. Hoorelbeke, lawyers)
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 of the judgment
The Court:
1.Dismisses the action;
2.Orders Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonon Pliroforikis kai Tilematikis AE to bear its own costs and to pay those incurred by the European Commission.
(<span class="super">1</span>) OJ C 82, 4.4.2009.