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Case T-70/05: Judgment of the General Court of 2 March 2010 — Evropaïki Dynamiki v EMSA (Public service contracts — EMSA tendering procedures — Provision of information technology services — Rejection of the tender — Action for annulment — Jurisdiction of the Court — Non-compliance of a tender — Equal treatment — Compliance with the award criteria set out in the tender specifications or the contract notice — Establishment of sub-criteria for the award criteria — Manifest error of assessment — Obligation to state the reasons on which a decision is based)

ECLI:EU:UNKNOWN:62005TA0070

62005TA0070

March 2, 2010
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17.4.2010

Official Journal of the European Union

C 100/35

(Case T-70/05) (<span class="super">1</span>)

(Public service contracts - EMSA tendering procedures - Provision of information technology services - Rejection of the tender - Action for annulment - Jurisdiction of the Court - Non-compliance of a tender - Equal treatment - Compliance with the award criteria set out in the tender specifications or the contract notice - Establishment of sub-criteria for the award criteria - Manifest error of assessment - Obligation to state the reasons on which a decision is based)

2010/C 100/53

Language of the case: English

Parties

Applicant: Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE (Athens, Greece) (represented by: N. Korogiannakis, lawyer)

Defendant: European Maritime Safety Agency (EMSA) (represented by: W. de Ruiter and J. Menze, Agents and J. Stuyck, lawyer)

Re:

Action for annulment of the decisions of EMSA not to accept the tenders submitted by the applicant in tendering procedures EMSA C-1/01/04, relating to the contract entitled ‘SafeSeaNet Validation and further development’, and EMSA C-2/06/04, relating to the contract entitled ‘Specification and development of a marine casualty database, network and management system’, and to award those contracts to other tenderers

Operative part of the judgment

The Court:

1.Annuls the decision of the European Maritime Safety Agency (EMSA) to award the contract to the successful tenderer in tendering procedure ‘EMSA C-2/06/04’;

2.Dismisses the action as to the remainder;

3.Orders each party to bear its own costs.

(<span class="super">1</span>) OJ C 106, 30.4.2005.

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