T-195/05-R
Deloitte | 106 | M4-139.1.1-impl
ECT-RigHea | 106. Second, as regards the alleged obligation on the part of the evaluation committee to consult a tenderer before eliminating its tender, in this plea the applicant does not rely on any legal basis imposing such a duty on the Commission. In so far as the applicant relies implicitly on the principle of the rights of the defence, it should be noted that respect for the rights of the defence is, in all proceedings initiated against a person which are liable to culminate in a measure adversely affecting that person, a fundamental principle of Community law which must be guaranteed even in the absence of any rules governing the proceedings in question. That principle requires that the addressees of decisions which significantly affect their interests should be placed in a position in which they may effectively make known their views (Case C-32/95 P Commission v Lisrestal and Others [1996] ECR I5373, paragraph 21). However, in the present case, the applicant does not, prima facie, put forward any arguments to show that the tendering procedure is initiated against it. |
