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Case T-546/20: Judgment of the General Court of 1 December 2021 — Sopra Steria Benelux and Unisys Belgium v Commission (Public service contract — Tender procedure — Services for the specification, development, maintenance and support of IT platforms for DG ‘Taxation and Customs Union’ — Rejection of tender submitted by a tenderer and award of the contract to another tenderer — Obligation to state reasons — Abnormally low offer)
ECLI:EU:UNKNOWN:62020TA0546
62020TA0546
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31.1.2022
Official Journal of the European Union
C 51/28
(Case T-546/20) (*)
(Public service contract - Tender procedure - Services for the specification, development, maintenance and support of IT platforms for DG ‘Taxation and Customs Union’ - Rejection of tender submitted by a tenderer and award of the contract to another tenderer - Obligation to state reasons - Abnormally low offer)
(2022/C 51/39)
Language of the case: French
Parties
Applicants: Sopra Steria Benelux (Ixelles, Belgium), Unisys Belgium (Machelen, Belgium) (represented by: L. Masson and G. Tilman, lawyers)
Defendant: European Commission (represented by: L. André and M. Ilkova, acting as Agents)
Re:
Application under Article 263 TFEU for annulment of the Commission’s decision of 2 July 2020 which, first, rejected the joint tender submitted by Sopra Steria Benelux and Unisys Belgium for lot A in the tendering procedure bearing reference TAXUD/2019/OP/0006 for services for the specification, development, maintenance and support of the third level of the IT platforms of the Directorate General for ‘Taxation and Customs Union’ and, secondly, awarded the contract to the other consortium that submitted a tender.
Operative part of the judgment
The Court:
1.Annuls the decision of the European Commission of 2 July 2020 which, first, rejected the joint tender submitted by Sopra Steria Benelux and Unisys Belgium in the context of the tendering procedure bearing reference TAXUD/2019/OP/0006 for services for the specification, development, maintenance and support of the third level of the IT platforms of the Directorate General for ‘Taxation and Customs Union’ and, secondly, awarded the contract to the other consortium that submitted a tender in so far as it concerns lot A;
2.Orders the Commission to bear its own costs and to pay those incurred by Sopra Steria Benelux and Unisys Belgium.
(*) Language of the case: French.