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Judgment of the General Court (Second Chamber) of 20 September 2011.#Evropaïki Dynamiki - Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE v European Commission.#Public service contracts - Community tendering procedure - Supply of external services for educational programmes - Award of the contract to several tenderers - Tenderer’s ranking - Action for annulment - Obligation to state the reasons on which the decision is based - Grounds for exclusion from the contract award procedure - Article 93(1)(f) of the Financial Regulation - Tender validity period - Non-contractual liability.#Case T-298/09.
ECLI:EU:T:2011:496
62009TJ0298
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(Case T-298/09)
Public service contracts – Community tendering procedure – Supply of external services for educational programmes – Award of the contract to several tenderers – Tenderer’s ranking – Action for annulment – Duty to state reasons – Grounds for exclusion from the contract award procedure – Article 93(1)(f) of the Financial Regulation – Tender validity period – Non-contractual liability
Re:
APPLICATION, first, for annulment of two Commission decisions, communicated in two separate letters of 12 May 2009 ranking the applicant, for its tenders in response to the open call for tenders EAC/01/2008 for external service provision for educational programmes (ESP-ISEP) (OJ 2008/S 158-212752), for Lot No 1 (IS (information system) Development and Maintenance) and for Lot No 2 (IS (information system) Studies, Testing, Training and Support), as second contractor for each of those lots and, secondly, for damages.
Operative part
The Court:
1.Dismisses the action;
2.Orders Evropaïki Dynamiki – Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE to bear its own costs and to pay those incurred by the European Commission.