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Judgment of the General Court (First Chamber) of 9 September 2011.#Evropaïki Dynamiki - Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE v European Commission.#Public service contracts - Tendering procedure - Provision of services for specification, development, maintenance and support of customs IT services relating to IT projects - Rejection of a tender - Award of the contract to another tenderer - Action for damages - Disregard of the procedural requirements - Inadmissibility - Action for annulment - Time allowed for the receipt of tenders - Time allowed for the submission of requests for information - Equal treatment - Manifest error of assessment.#Case T-232/06.
ECLI:EU:T:2011:443
62006TJ0232
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(Case T-232/06)
Public service contracts – Tendering procedure – Provision of services for specification, development, maintenance and support of customs IT services relating to IT projects – Rejection of a tender – Award of the contract to another tenderer – Action for damages – Disregard of the procedural requirements – Inadmissibility – Action for annulment – Time allowed for the receipt of tenders – Time allowed for the submission of requests for information – Equal treatment – Manifest error of assessment
4. European Communities’ public procurement – Conclusion of a contract following a call for tenders – Discretion of the institutions – Judicial review – Limits (see paras 180, 195)
Re:
APPLICATION for (i) annulment of the Commission’s decision of 19 June 2006 not to select the tender submitted by the consortium formed by the applicant and other companies in connection with a call for tenders for specification, development, maintenance and support of customs IT services relating to IT projects ‘CUST-DEV’ and to award the contract to another tenderer and (ii) damages.
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.