Judgments (Information) nº T-518/09 of The General Court, September 16, 2013

Resolution DateSeptember 16, 2013
Issuing OrganizationThe General Court
Decision NumberT-518/09

Judgment of the General Court (Eighth Chamber) of 16 September 2013 —Ecoceane v EMSA (Case T‑518/09)

Public service contracts — Tendering procedures — Operation of stand-by oil spill recovery vessels — Rejection of a tenderer’s bid — Obligation to state reasons — Equal treatment — Transparency — Manifest error of assessment — Non-contractual liability

  1. EU public contracts — Conclusion of a contract following a call for tenders — Discretion of the institutions — Criteria for selecting candidates — Duty to comply with the principle of equal treatment of tenderers — Scope (Council Regulation No 1605/2002, Arts 89(1), and 97(1); Commission Regulation No 2342/2002, Arts 131(1), and 135(2)) (see paras 50-53, 75, 113)

  2. EU public contracts — Conclusion of a contract following a call for tenders — Discretion of the institutions — Judicial review — Limits (see para. 86)

  3. Judicial proceedings — Application initiating proceedings — Formal requirements — No brief summary of the pleas in law on which the application is based — Inadmissibility (Statute of the Court Justice, Art. 21, first para.; Rules of Procedure of the General Court, Art. 44(1)(c)) (see para. 111)

  4. Acts of the institutions — Statement of reasons — Obligation — Scope — Decision, in the procedure for the award of a public service contract, not to accept a tender — Assessment in the light of information available to the applicant at the time the action brought (Art. 253 EC; Council Regulation No 1605/2002, Art. 100(2); Commission Regulation No 2342/2002, Art. 149) (see paras 139-143)

  5. Acts of the institutions — Statement of reasons — Obligation — Scope — Decision, in the procedure...

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