Judgment of the General Court of 19 March 2010 — Evropaïki Dynamiki v Commission

(Case T-50/05) (1)

(Public service contracts - Community tendering procedure - Provision of computer services relating to telematic systems to control the movement of products subject to excise duty - Rejection of a tenderer’s bid - Action for annulment - Consortium of tenderers - Admissibility - Principles of equal treatment of tenderers and transparency - Award criteria - Principles of sound administration and diligence - Obligation to state the reasons on which the decision is based - Manifest error of assessment)

2010/C 134/47

Language of the case: English

Parties

Applicant: Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE (Athens, Greece) (represented by: N. Korogiannakis, lawyer)

Defendant: European Commission (represented: initially by L. Parpala and K. Kańska, subsequently by L. Parpala and E. Manhaeve and lastly by L. Parpala, E. Manhaeve and M. Wilderspin, Agents)

Re:

Action for the annulment of the Decision of the Commission of the European Communities of 18 November 2004 rejecting the tender submitted by the consortium formed by the applicant and another undertaking in a tendering procedure relating to the provision of computer services concerning the specification, development, maintenance and support of telematic systems to control the movement of products subject to excise duty within the European Community under the excise-duty suspension arrangements and awarding the contract to another tenderer.

Operative part of the judgment

The Court:

(1)  OJ C 106, 30.4.2005.