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Judgment of the General Court (Fourth Chamber) of 23 November 2011.#bpost NV van publiek recht v European Commission.#Public service contracts - Tendering procedure of the PO - Daily transport and delivery of the Official Journal, books, other periodicals and publications - Rejection of the tender of a tenderer and decision to award the contract to another tenderer - Award criteria - Obligation to state the reasons on which the decision is based - Manifest error of assessment - Non-contractual liability.#Case T-514/09.
ECLI:EU:T:2011:689
62009TJ0514
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(Case T-514/09)
Public service contracts – Tendering procedure of the PO – Daily transport and delivery of the Official Journal, books, other periodicals and publications – Rejection of the tender of a tenderer and decision to award the contract to another tenderer – Award criteria – Duty to state reasons – Manifest error of assessment – Non-contractual liability
6. European Communities’ public procurement – Tender procedure – Expenses incurred by a tenderer – Right to compensation – None (Council Regulation No 1605/2002, Art. 101) (see para. 173)
Re:
APPLICATION, first, for the annulment of the decision of the Publications Office of the European Union, communicated by letter of 17 December 2009, to reject the tender submitted by the applicant under invitation to tender No 10234 ‘Daily transport and delivery of the Official Journal, books, other periodicals and publications’ (OJ 2009/S 176-253034) and award the contract to the successful tenderer, and, second, for damages.
Operative part
The Court:
1.Dismisses the action;
2.Orders bpost NV van publiek recht to pay the costs, including those relating to the interlocutory proceedings.