Source: All England Reporter
Publisher Citation: [2012] All ER (D) 177 (Oct)
Court: General Court of the European Union (Third Chamber)

Judges Czúcz (Rapporteur) (President), Labucka and Gratsias

Judgment Dates: 17 October 2012


European Union - Public procurement - Services - Applicant company tendering for contract with Court of Justice of the European Union (Court) - Court deciding applicant not most economically advantageous tenderer - Applicant seeking further reasons - Court providing additional details - Applicant seeking annulment of decision and damages - Whether application being admissible - Whether Court erring in evaluating curricula vitae in selection and award phases - Whether Court failing to state its reasons - Whether applicant being entitled to damages - Commission Regulation (EC) 478/2007, art 138 - Council Regulation (EC) 1525/2007, art 100(2).

The Case

European Union Public procurement. A Greek information and communications technology company tendered for a contract to provide services to the Court of Justice of the European Union (Court). The Court found the company was not the most economically advantageous. The company sought the annulment of the decision on grounds including the Court's failure to provide reasons. The General Court of the European Union found, inter alia, that the Court had not provided an adequate statement of reasons and annulled its decision.

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