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Case T-300/07: Judgment of the General Court of 9 September 2010 — Evropaïki Dynamiki v Commission (Public service contracts — Community tendering procedure — Provision of information technology services relating to the management and maintenance of an internet portal — Rejection of the bid submitted by a tenderer — Award criteria — Obligation to state the reasons on which a decision is based — Manifest error of assessment — Equal treatment — Transparency)

ECLI:EU:UNKNOWN:62007TA0300

62007TA0300

September 9, 2010
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23.10.2010

Official Journal of the European Union

C 288/32

(Case T-300/07) (<span class="oj-super oj-note-tag">1</span>)

(Public service contracts - Community tendering procedure - Provision of information technology services relating to the management and maintenance of an internet portal - Rejection of the bid submitted by a tenderer - Award criteria - Obligation to state the reasons on which a decision is based - Manifest error of assessment - Equal treatment - Transparency)

(2010/C 288/60)

Language of the case: English

Parties

Applicant: Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE (Athens, Greece) (represented by: N. Korogiannakis, lawyer)

Defendant: European Commission (represented by: E. Manhaeve, acting as Agent, and by J. Stuyk, lawyer)

Re:

APPLICATION (i) for annulment of the Commission’s decisions of 21 May 2007 and 13 July 2007 rejecting the tenders submitted by the applicant in tendering procedure ENTR/05/78 for Lot 1 (Editorial Work and Translation) and Lot 2 (Infrastructure Management) for the management and maintenance of the ‘Your Europe’ portal (OJ 2006/S 143-153057) and awarding those contracts to another tenderer and (ii) for damages

Operative part of the judgment

The Court:

1.Annuls the Commission’s decision of 13 July 2007 rejecting the tender submitted by Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE in tendering procedure ENTR/05/78 for Lot 2 (Infrastructure Management) for the management and maintenance of the ‘Your Europe’ portal and awarding that contract to another tenderer;

2.Dismisses the remainder of the claim for annulment;

3.Dismisses the claim for damages;

4.Orders Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis to pay 50 % of its own costs and 50 % of the costs incurred by the European Commission, and the European Commission to pay 50 % of its own costs and 50 % of those incurred by Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE.

(<span class="oj-super">1</span>) OJ C 235, 6.10.2007.

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