Judgment of the General Court (Second Chamber) of 15 October 2013

Data

Court: General Court

Case date: 15 oktober 2013

Verdict

Judgment of the General Court (Second Chamber) of 15 October 2013 — European Dynamics Belgium and Others v EMA

(Case T-638/11)

"Public service contracts - Tender procedure of the EMA - Provision of software application support services - Rejection of a tender - Award criteria - Statement of reasons - Observance of the award criteria set out in the tendering specifications - Establishment of subheadings for the award criteria - Access to documents"

1. Acts of the institutionsStatement of reasonsObligationScopeDecision, in the procedure for the award of a public service contract, not to accept a tenderObligation to communicate, following a written request, the characteristics and relative advantages of the tender accepted and the name of the tendererObligation on the awarding authority to provide a statement of reasons showing clearly and unequivocally the legal and factual elements justifying the rejection of the tender and acceptance of another tenderScope (Art. 296, second para., TFEU; Council Regulation No 1605/2002, Art. 100(2); Commission Regulation No 2342/2002, Arts 147(2) and 149(3)) (see paras 21-24, 29, 30, 34-38, 40, 54-56, 58, 63-68)

2. Acts of the institutionsStatement of reasonsObligationScopeDecision, in the procedure for the award of a public service contract, not to accept a tenderAssessment in the light of information available to the applicant at the time the action brought (Art. 296, second para., TFEU; Council Regulation No 1605/2002, Art. 100(2); Commission Regulation No 2342/2002, Arts 147(2), and 149(3)) (see para. 59)

3. Actions for annulmentActionable measuresDecision of an EU agency refusing access to documentsDocuments communicated during the proceedingsApplication devoid of purposeNo need to adjudicate (Art. 263 TFEU; European Parliament and Council Regulation No 1049/2001) (see paras 73, 74)

Re:

ANNULMENT of, first, decision EMA/787935/2011 of the European Medicines Agency of 3 October 2011, by which the tender submitted by the applicants' in tender procedure EMA/2011/05/DV was rejected and, second, annulment of decision EMA/882467/2011 of the acting Executive Director of the EMA of 9 November 2011, by which the applicants confirmatory application for access to the tender procedure documents relating to the composition of the evaluation committee was rejected.

Operative part

The Court:

1. Annuls decision EMA/787935/2011 of the European Medicines Agency (EMA) of 3 October 2011, by which the tender submitted by European Dynamics Belgium SA; European Dynamics Luxembourg SA, Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE and European Dynamics UK Ltd in connection with tender procedure EMA/2011/05/DV was rejected;

2. Holds that there is no longer any need to adjudicate on the pleas seeking annulment of decision EMA/882467/2011 of the acting Executive Director of the EMA of 9 November 2011, by which the applicants' confirmatory application for access to the tender procedure documents relating to the composition of the evaluation committee was rejected;

3. Orders the EMA to pay the costs.