Judgment_paragraph 85 · European Dynamics Luxembourg SA and Others v European Union Agency for Railways (T-392/15)

85As regards the latter provision, the Court has held that the contracting authority’s obligation to check the seriousness of a tender arises where there are doubts beforehand as to its reliability, bearing in mind that the main purpose of that article is to enable a tenderer not to be excluded from the procedure without having had an opportunity to explain the terms of its tender which appears abnormally low. Thus, it is only where such doubts exist that the evaluation committee is required to request relevant information on the composition of the tender, before, if necessary, rejecting it. However, if a tender does not appear abnormally low under Article 158(4) of the Implementing Regulation, that article does not apply (see, to that effect, judgments of 6 July 2005, TQ3 Travel Solutions Belgium v Commission, T‑148/04, EU:T:2005:274, paragraphs 49 and 50; of 11 May 2010, PC-Ware Information Technologies v Commission, T‑121/08, EU:T:2010:183, paragraph 72; of 5 November 2014, Computer Resources International (Luxembourg) v Commission, T‑422/11, EU:T:2014:927, paragraph 57; and of 15 September 2016, European Dynamics Luxembourg and Evropaïki Dynamiki v Commission, T‑698/14, not published, EU:T:2016:476, paragraph 59).

European Dynamics Luxembourg SA and Others v European Union Agency for Railways (T-392/15)

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