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Judgment of the General Court (Seventh Chamber) of 20 October 2011.#Alfastar Benelux v Council of the European Union.#Public service contracts - Tendering procedure - Provision of technical maintenance and help desk and on-site intervention services for the PCs, printers and peripherals of the General Secretariat of the Council - Rejection of a tender - Obligation to state the reasons on which a decision is based.#Case T-57/09.
ECLI:EU:T:2011:609
62009TJ0057
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(Case T-57/09)
Public service contracts – Tendering procedure – Provision of technical maintenance and help desk and on-site intervention services for the PCs, printers and peripherals of the General Secretariat of the Council – Rejection of a tender – Duty to state reasons
Re:
APPLICATION, first, for annulment of the Council’s decision of 1 December 2008 to reject the tender submitted by the Alfastar-Siemens consortium, composed of Alfastar Benelux SA and Siemens IT Solutions and Services SA, in response to Call for Tenders UCA/218/07 for the provision of technical maintenance – help desk and on-site intervention services for the PCs, printers and peripherals of the General Secretariat of the Council (OJ 2008/S 91‑122796) and to award the contract to another tenderer and, secondly, for damages.
Operative part
The Court:
1.Annuls the Council’s decision of 1 December 2008 to reject the tender submitted by the consortium composed of Alfastar Benelux SA and Siemens IT Solutions and Services SA, in response to Call for Tenders UCA/218/07 for the provision of technical maintenance – help desk and on-site intervention services for the PCs, printers and peripherals of the General Secretariat of the Council and to award the contract to another tenderer;
2.Dismisses the claim for damages;
3.Orders the Council of the European Union to pay the costs.