Judgments (Information) nº T-474/10 of The General Court, October 15, 2013

• Resolution Date: October 15, 2013
• Issuing Organization: The General Court
• Decision Number: T-474/10

Judgment of the General Court (Third Chamber) of 15 October 2013 —Evropaïki Dynamiki v Commission (Case T‑474/10)

Public service contracts — Tender procedure — External service provision for development, studies and support for information systems (ESP DESIS II) — Classification of a tenderer — Award of the contract — Obligation to state reasons — Transparency — Equal treatment — Manifest error of assessment — Non-contractual liability

1. EU public contracts — Tender procedure — Duty of the awarding authority to exclude a tenderer having committed a serious professional fault — Tenderer claiming serious professional misconduct by the parent company of a member of the consortium to which the contract was awarded — Examination by the awarding authority of the facts relied upon and the question of attribution of the fault of the parent company to its subsidiaries (Council Regulation No 1605/2002, Art. 93(1)(c)) (see paras 41, 45, 46)

2. EU public contracts — Tender procedure — Award of contracts — Most economically advantageous tender — Award criteria — Choice of the contracting authorities — Limits — Compliance with the principles of transparency, equal treatment and non-discrimination (Council Regulation No 1605/2002, Arts 89 and 97; Commission Regulation No 2342/2002, Art. 138) (see paras 66, 101-103, 106-108)

3. EU public contracts — Conclusion of a contract following a call for tenders — Discretion of the institutions — Judicial review — Limits (see paras 72, 111, 121, 209)

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 — Account taken, by way of reasoning, of the replies of an institution to the requests of a discarded tenderer — Conditions — No substitution of a new statement of reasons for the initial statement of reasons — Assessment of the information available to the applicant at the time the action was brought (Art. 296 TFEU; Council Regulation No 1605/2002, Art....