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Valentina R., lawyer
(Case T-638/11) (<span class="super">1</span>)
(Public service contracts - Tender procedure of the EMA - Provision of software application support services - Rejection of a tender - Award criteria - Statement of reasons - Observance of the award criteria set out in the tendering specifications - Establishment of subheadings for the award criteria - Access to documents)
2013/C 352/24
Language of the case: Greek
Applicants: European Dynamics Belgium SA (Brussels, Belgium); European Dynamics Luxembourg SA (Ettelbrück, Luxembourg), Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE (Athens, Greece), and European Dynamics UK Ltd (London, United Kingdom) (represented by: V. Christianos, lawyer)
Defendant: European Medicines Agency (EMA) (London, United Kingdom) (represented initially by V. Salvatore and subsequently by T. Jabłoński and C. Maignen, acting as Agents, assisted by H.-G. Kamann and E. Arsenidou, lawyers)
Annulment of, first, decision EMA/787935/2011 of the European Medicines Agency of 3 October 2011, by which the tender submitted by the applicants in tender procedure EMA/2011/05/DV was rejected and, second, annulment of decision EMA/882467/2011 of the acting Executive Director of the EMA of 9 November 2011, by which the applicants’ confirmatory application for access to the tender procedure documents relating to the composition of the evaluation committee was rejected.
The Court:
1.Annuls decision EMA/787935/2011 of the European Medicines Agency (EMA) of 3 October 2011, by which the tender submitted by European Dynamics Belgium SA; European Dynamics Luxembourg SA, Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE and European Dynamics UK Ltd in connection with tender procedure EMA/2011/05/DV was rejected;
2.Holds that there is no longer any need to adjudicate on the pleas seeking annulment of decision EMA/882467/2011 of the acting Executive Director of the EMA of 9 November 2011, by which the applicants’ confirmatory application for access to the tender procedure documents relating to the composition of the evaluation committee was rejected;
3.Orders the EMA to pay the costs.
* Language of the case: Greek.
(<span class="super">1</span>) OJ C 49, 18.2.2012.