Source: All England Reporter
Publisher Citation: [2012] All ER (D) 91 (Oct)
Court: Court of Justice of the European Union (Seventh Chamber)
Judge:

Judges Malenovsky (President of the Chamber), von Danwitz (Rapporteur) and Svaby

Judgment Dates: 4 October 2012

Catchwords

European Union - Freedom of movement - Services - Educational programme - European Commission calling for tenders for external service provision for educational programmes - Applicant company unsuccessfully submitting tenders - Applicant seeking further information on successful tenderers - Applicant seeking before General Court annulment of Commission's decision not to award it tenders and damages - General Court dismissing applicant's action - Applicant appealing on basis that relevant European regulation relating to provision of reasons breached - Whether Commission in breach of relevant provision - Council Regulation (EC) 1605/2002, Title V, Part One, art 100(2) - Commission Regulation (EC) 2342/2002, Title V, Part One, art 149(2).

The Case

European Union Freedom of movement. The Court of Justice of the European Union dismissed the appeal brought by an information technology and communications company against a ruling by the General Court of the European Union: (i) rejecting that company's application for annulment of two decisions of the European Commission ranking it, for its tenders in response to the call for tenders EAC-01-2008 for external service provision for educational programmes (ESP-ISEP) for Lot No 1 (IS (information system) Development and Maintenance) and for Lot No 2 (IS (information system) Studies, Testing, Training and Support), as second contractor for each of those lots (the contested decisions), and (ii) its claim for compensation for the damage it had allegedly suffered in that respect.

Practice Areas

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