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Judgment of the General Court (Eighth Chamber) of 25 October 2012.#Astrim SpA and Elyo Italia Srl v European Commission.#Public service contracts — Tendering procedure — Maintenance services for air conditioning, heating and ventilation systems — Ispra Joint Research Centre — Rejection of a tenderer’s bid — Interpretation of a condition laid down in the contract specifications — Duty to state reasons.#Case T‑216/09.

ECLI:EU:T:2012:574

62009TJ0216

October 25, 2012
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(Case T-216/09)

3. EU public contracts — Tender procedure — Duty to comply with the principle of equal treatment of tenderers — Need to ensure equal opportunities and comply with the principle of transparency — Scope (see paras 34-37)

4. Proceedings — Application initiating proceedings — Formal requirements — Identification of the subject-matter of the dispute — Summary statement of pleas (Statute of the Court of Justice, Arts 21, first para., and 53, first para.; Rules of Procedure of the General Court, Art. 44(1)(c)) (see para. 47)

Re:

ACTION for annulment of the Commission Decision of 27 March 2009 rejecting the bid submitted by the applicants in connection with the call for tenders published on 25 October 2008 by the Commission for the award of routine and non-routine maintenance services for air conditioning, heating and ventilation systems at the Ispra Joint Research Centre (OJ 2008/S 208-274999), and, in the alternative, an application for partial annulment of point 17 of the invitation to tender.

Operative part

The Court:

1.Dismisses the action;

2.Orders Astrim SpA and Elyo Italia Srl to pay the costs.

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