European Dynamics Luxembourg SA and another company v European Joint Undertaking for ITER and the Development of Fusion Energy

European Union – Public procurement. The General Court of the European Union dismissed the application by European Dynamics Luxembourg SA (EDL) and another related company for annulment of the decision of the European Joint Undertaking for ITER and the Development of Fusion Energy to reject EDL's tender and to award a contract for the provision of IT services and other related services to three other tenderers. The General Court decided that: (i) the mere fact that the final decision had been adopted after the relevant validity period had ended could not render that award decision unlawful; and (ii) the applicants had failed to demonstrate that the reasons for the award decision were inadequate.

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