14.3.2016

Official Journal of the European Union

C 98/28

(Case T-537/12) (1)

((Public service contracts - Tendering procedure - Provision of medical services for the benefit of Cedefop staff - Rejection of the bid of one tenderer and award of the contract to another tenderer - Refusal to allow access to certain documents concerning other tenderers who participated in the tendering procedure - Obligation to state reasons - Protection of commercial interests and reputation - Personal data protection - Protection of the decision-making process - Non-contractual liability))

(2016/C 098/36)

Language of the case: Greek

Parties

Applicant: Panteleimon Zafeiropoulos (Thessaloniki, Greece) (represented by: M. Kontogiorgos, lawyer)

Defendant: European Centre for the Development of Vocational Training (Cedefop) (represented by: M. Fuchs, acting as Agent, assisted initially by E. Petritsi and subsequently by P. Anestis, lawyers)

Re:

Application, first, for annulment of (i) the decision of Cedefop of 8 October 2012 rejecting the tender submitted by the applicant in response to the contract notice of 19 June 2012 published in the Supplement to the Official Journal of the European Union (OJ 2012/S 115-189528) concerning the provision of medical services to Cedefop staff in Thessaloniki (Greece); (ii) the decision of Cedefop of 9 October 2012 awarding the contract set out in that contract notice to a tenderer other than the applicant; and (iii) the decision of Cedefop rejecting the applicant’s request for access to certain documents relating to the contract award procedure; and, secondly, for compensation for the harm suffered by the applicant as a result of the infringements allegedly committed by Cedefop.

Operative part of the judgment

The Court:

1.Annuls the decision of the European Centre for the Development of Vocational Training (Cedefop) of 8 October 2012 rejecting the tender submitted by Mr Panteleimon Zafeiropoulos in response to the contract notice dated 19 June 2012 concerning the provision of medical services to Cedefop staff in Thessaloniki (Greece) and the decision of Cedefop of 9 October 2012 awarding the contract set out in that contract notice to a tenderer other than Mr Zafeiropoulos;

2.Dismisses the action as to the remainder;

3.Orders Cedefop to bear its own costs and to pay one third of the costs incurred by Mr Zafeiropoulos;

4.Orders Mr Zafeiropoulos to bear two thirds of his own costs.

(1) OJ C 46, 16.2.2013.