Judgment_paragraph 83 · Evropaïki Dynamiki - Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE v European Investment Bank (T-461/08)

83The applicant is of the view that, as a contracting authority, the EIB is required to act in accordance with the provisions of the ‘Guide to Procurement — Guide for the procurement of services, supplies and works by the EIB for its own account’, in the version applicable at the material time (‘the Guide’), and to comply with general principles and law applicable to procurement procedures. Moreover, while Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts (OJ 2004 L 134, p. 114) is not applicable as such to the EIB’s tendering procedures, it is apparent from the introduction to the Guide that that directive provides an appropriate reference for the purpose of assessing the provisions of the Guide, from which it derived inspiration. Furthermore, the General Court has already accepted that it can review the lawfulness of a Commission decision awarding a public contract, in the light of Council Directive 92/50/EEC of 18 June 1992 relating to the coordination of procedures for the award of public service contracts (OJ 1992 L 209, p. 1), as amended by European Parliament and Council Directive 97/52/EC of 13 October 1997, which also amends Directives 93/36/EEC and 93/37/EEC concerning the coordination of procedures for the award of public service contracts, public supply contracts and public works contracts respectively (OJ 1997 L 328, p. 1) (Case T-345/03 Evropaïki Dynamiki v Commission [2008] ECR II-341, paragraph 206).