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Valentina R., lawyer
Public service contracts – Community tendering procedure – Organisation of meetings and conferences – Rejection of a tenderer’s bid – Award of the contract to another tenderer – Duty to state reasons – Manifest error of assessment – Equal treatment
3. Actions for annulment – Pleas in law – Lack of or inadequate statement of reasons – Manifest error of assessment (Art. 230 EC) (see para. 51)
4. Actions for damages – Independent of actions for annulment – Limits – Identical pleas serving as the basis for both actions (Art. 288 EC) (see paras 84-86)
ACTION brought against the Commission’s decision of 30 October 2008 rejecting the applicant’s bid for lot No 4 ‘Provision of teams of interpreters according to the linguistic requirements of each event’ of contract notice VT/2008/036 (Multiple framework contracts for meeting and conference organisation services), and the Commission’s decision of 17 November 2008 appointing the successful tenderer of lot No 4, and an application for a declaration that the Commission be ordered to pay damages in the event that the General Court does not grant the application for annulment of the decision rejecting the applicant’s bid.
The Court:
1.Dismisses the action;
2.Orders Carpent Languages SPRL to pay the costs.