- In brief: Grounds for refusing access to tender documents (Evropaïki Dynamiki v European Parliament)
- What are the practical implications of this case?
- What was this case about?
- What did the court decide?
- Case details
Public Procurement analysis: Denis Edwards, barrister at Mercantile Chambers, Gray’s Inn, considers the General Court’s decision in Evropaïki Dynamiki v European Parliament (Case T-136/15). A successful tenderer (ED) was awarded a framework contract to provide some IT services to the European Parliament. The contract was part of a wider scheme of contracts to provide IT services to the Parliament. Some years into the contract, ED alleged that the Parliament was allocating IT tasks to other contractors which ought to have been offered to ED. ED sought a large number of documents relating to the original procurement exercise, pursuant to Regulation (EC) 1049/2001 (the Regulation). The Parliament refused the access request under Article 4 of the Regulation and on the grounds that it would give rise to a disproportionate administrative workload for the Parliament’s staff. The court decided that the latter ground for refusal of access was established, partly because ED failed to cooperate in finding a fair solution to its access request.
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