Source: All England Reporter
Publisher Citation: [2012] All ER (D) 138 (Oct)
Court: General Court of the European Union (Eighth Chamber)

Judges Truchot (President), Martins Ribeiro and Kanninen (Rapporteur)

Judgment Dates: 5 October 2012


European Union - Public procurement - Public service contracts - Awards procedure and criteria - European Commission selecting applicant company as second contractor in contract award procedure for supply of information technology services - Applicant unsatisfied with response from respondent as to aspects of tender process - Applicant seeking annulment of respondent's decision to rank applicant as second contractor - Applicant further seeking damages - Whether respondent's decision should be annulled - Whether damages should be awarded - Council Regulation 1605/2002, arts 93, 96, 97.

The Case

European Union Public procurement. A company governed by Greek law, which operated in the field of information technology and communications, sought annulment of decisions taken by the European Commission ranking the applicant, in respect of its tenders for the supply of information technology services for Lots 2 and 3, as second contractor in the cascade and all further related decisions, including the decisions awarding the contract to the tenderers ranked first in the cascade for those Lots; and (ii) damages in the amount of 4,326,000, for the damage suffered. The General Court of the European Union dismissed the action in its entirety.

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