(Case C-476/08
Tribunal de Justicia de la Unión Europea

(Case C-476/08

Fecha: 03-Dic-2009





Judgment of the Court (Eighth Chamber) of 3 December 2009 – Evropaïki Dynamiki v Commission

(Case C-476/08 P)

Appeal – Regulations (EC, Euratom) Nos 1605/2002 and 2342/2002 – Public contracts awarded by the Community institutions on their own account – Error in the evaluation committee’s report – Obligation to state reasons for the rejection of the tenderer’s bid

Appeals – Grounds – Incorrect assessment of the evidence duly produced – Inadmissibility – Duty of the Court of First Instance to state the reasons for its assessment of the evidence – Extent (Art. 225 EC; Statute of the Court of Justice, Art. 58, first para.) (see paras 16-17)

Re:

Appeal brought against the judgment of the Court of First Instance (Third Chamber) of 10 September 2008 in Case T‑59/05 Evropaïki Dynamiki v Commission by which the Court of First Instance dismissed an action for the annulment of the Commission’s decision of 23 November 2004 rejecting the tender submitted by the appellant in the tendering procedure relating to the provision of development, maintenance and related support services for the financial information systems of the Directorate-General for Agriculture and of the decision awarding the contract to another tenderer – Obligation to state reasons for the rejection of a submitted tender.

Operative part

The Court:

1.

Dismisses the appeal;

2.

Orders Evropaïki Dynamiki – Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE to pay the costs.

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