Judgments (Information) nº T-638/11 of The General Court, October 15, 2013

• Resolution Date: October 15, 2013
• Issuing Organization: The General Court
• Decision Number: T-638/11

Judgment of the General Court (Second Chamber) of 15 October 2013 —European Dynamics Belgium and Others v EMA (Case T‑638/11)

Public service contracts — Tender procedure of the EMA — Provision of software application support services — Rejection of a tender — Award criteria — Statement of reasons — Observance of the award criteria set out in the tendering specifications — Establishment of subheadings for the award criteria — Access to documents

1. 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 — Obligation to communicate, following a written request, the characteristics and relative advantages of the tender accepted and the name of the tenderer — Obligation on the awarding authority to provide a statement of reasons showing clearly and unequivocally the legal and factual elements justifying the rejection of the tender and acceptance of another tender — Scope (Art. 296, second para., TFEU; Council Regulation No 1605/2002, Art. 100(2); Commission Regulation No 2342/2002, Arts 147(2) and 149(3)) (see paras 21-24, 29, 30, 34-38, 40, 54-56, 58, 63-68)

2. 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. 296, second para., TFEU; Council Regulation No 1605/2002,...