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Case T-164/15: Judgment of the General Court of 14 December 2017 — European Dynamics Luxembourg and Evropaïki Dynamiki v Parliament (Public service contracts — Public procurement procedure — External provision of information technology services to the Parliament and other institutions and bodies of the EU — Ranking of a tenderer in the cascade procedure — Award criteria — Obligation to state reasons — Non-contractual liability)

ECLI:EU:UNKNOWN:62015TA0164

62015TA0164

December 14, 2017
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Official Journal of the European Union

C 42/11

(Case T-164/15) (<span class="super note-tag">1</span>)

((Public service contracts - Public procurement procedure - External provision of information technology services to the Parliament and other institutions and bodies of the EU - Ranking of a tenderer in the cascade procedure - Award criteria - Obligation to state reasons - Non-contractual liability))

(2018/C 042/15)

Language of the case: Greek

Parties

Applicant: European Dynamics Luxembourg SA (Luxembourg, Luxembourg) and Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE (Athens, Greece) (represented initially by: I. Ampazis and M. Sfyri, and subsequently by: M. Sfyri, D. Papadopoulou and C.-N. Dede, lawyers)

Defendant: European Parliament (represented initially by: B. Simon, L. Darie and I. Anagnostopoulou, and subsequently by: L. Darie, Z. Nagy and I. Anagnostopoulou, acting as Agents)

Re:

Firstly, application on the basis of Article 263 TFEU seeking the annulment of Decision D(2015) 7680 of the European Parliament, sent to the applicants by letter of 13 February 2015, to rank their bid in third place in the cascade for Lot No 3 ‘Development and maintenance of production information systems’ in the open procurement procedure PE/ITEC-ITS 14 ‘External provision of IT services’ and, secondly, application on the basis of Article 268 TFEU seeking compensation for the loss allegedly suffered by the applicants.

Operative part of the judgment

The Court:

1.Annuls Decision D(2015) 7680 of the European Parliament sent to the applicants by letter of 13 February 2015, to rank the bid of European Dynamics Luxembourg SA and Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE in third place in the cascade for Lot No 3 ‘Development and maintenance of production information systems’ in the open procurement procedure PE/ITEC-ITS 14 ‘External provision of IT services’;

2.Dismisses the remainder of the action;

3.Orders each party to bear its own costs.

(<span class="super">1</span>) OJ C 228, 13.7.2015.

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