Дело T-***/**: *****************, Съдебно решение от **.**.2019 г.

Текст

... by a tenderer — Discretion of a contracting authority — Lawfulness of the evaluation method — Principle of sound financial management)

In Case T‑117/17,

Proximus SA/NV, established in Brussels (Belgium), represented by B. Schutyser, lawyer,

applicant,

v

Council of the European Union, represented by A. Jaume and S. Cholakova, acting as Agents, and by P. de Bandt, P. Teerlinck and M. Gherghinaru, lawyers,

defendant,

APPLICATION under Article 263 TFEU seeking annulment of the decision of the Council of 23 December 2016 to award the framework contract for the provision of cybersecurity services [confidential], to another tenderer

THE GENERAL COURT (Sixth Chamber),

composed of G. Berardis, President, D. Spielmann (Rapporteur) and Z. Csehi, Judges,

Registrar: P. Cullen, Administrator,

having regard to the written part of the procedure and further to the hearing on 2 May 2018,

gives the following

Judgment

I. Background to the dispute

1. By letter of 28 July 2016, the Council of the European Union invited tenderers to participate in a negotiated procurement procedure, provided for in Article 104(d) of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (OJ 2012 L 298, p. 1; ‘the Financial Regulation’), and Article 134(i) of Commission Delegated Regulation (EU) No 1268/2012 of 29 October 2012 on the rules of application of Regulation No 966/2012 (OJ 2012 ...