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Case T-741/17: Judgment of the General Court of 10 September 2019 — Trasys International and Axianseu — Digital Solutions v EASA (Public service contracts – Tender procedure – IT application and infrastructure management services – Rejection of a tenderer’s offer and award of the contract to other tenderers – Obligation to state reasons – Assessment of the existence of abnormally low tenders – Characteristics and relative merits of the tenders accepted – Request for a statement of reasons from a tenderer who is not in an exclusion situation and whose tender is compliant with the procurement documents)
ECLI:EU:UNKNOWN:62017TA0741
62017TA0741
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11.11.2019
Official Journal of the European Union
C 383/59
(Case T-741/17) (*)
(Public service contracts - Tender procedure - IT application and infrastructure management services - Rejection of a tenderer’s offer and award of the contract to other tenderers - Obligation to state reasons - Assessment of the existence of abnormally low tenders - Characteristics and relative merits of the tenders accepted - Request for a statement of reasons from a tenderer who is not in an exclusion situation and whose tender is compliant with the procurement documents)
(2019/C 383/66)
Language of the case: French
Parties
Applicants: Trasys International GEIE (Brussels, Belgium) and Axianseu — Digital Solutions SA (Lisbon, Portugal) (represented by L. Masson and G. Tilman, lawyers)
Defendant: European Aviation Safety Agency (EASA) (represented by S. Rostren, E. Tellado Vásquez and H. Köppen, acting as Agents, and V. Ost, M. Vanderstraeten and F. Tulkens, lawyers)
Re:
Application under Article 263 TFEU seeking annulment of the decision of the European Aviation Safety Agency (EASA) of 28 August 2017 rejecting the tender submitted by the consortium of applicants in call for tenders EASA.2017.HVP.08 relating to a public service contract concerning IT application and infrastructure management services in Cologne (Germany), and the award of the successive contract to three other tenderers.
Operative part of the judgment
The Court:
1.Annuls the decision of the European Aviation Safety Agency (EASA) of 28 August 2017 rejecting the tender submitted by the consortium of Trasys International GEIE and Axianseu — Digital Solutions SA in call for tenders EASA.2017.HVP.08 relating to a public service contract concerning IT application and infrastructure management services in Cologne (Germany), and the award of the successive contract to three other tenderers;
2.Orders EASA to pay the costs.
(*) Language of the case: French.
ECLI:EU:C:2019:383