Ref. Ares(2022)2971713 - 12/04/2022
Stéphanie Rostren
Andrea Schlapbach
Head of Legal Department/
Chief Legal Adviser
xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxx.xxx
Executive Directorate
Cologne, 11.04.2022
Subject: Your request on access to documents
Reference: your e-mail dated 5 April 2022
Dear Mr Schlapbach,
Thank you for your e-mail from 5 April 2022, in which you request access to documents in accordance with
Regulation (EC) No 1049/2001,1 that is applicable to documents held by the European Union Aviation Safety
Agency (EASA) under Art. 119(1) of Regulation (EU) No 2018/1139.2
You requested access to documents related to the EASA tender EASA.2021.HVP.18.
After reviewing your request I would like to inform you as follows.
Assessment:
The contract under that procurement procedure was awarded by the Authorising Officer to consortium APSYS
SAS (consortium leader), LABORATOIRE NATIONAL DE METROLOGIE ET D’ESSAIS LNE, NUMALIS SAS (consortium
members). The value of the contract is: 1.457.400,00 EUR. The contract has not yet been signed and is thus not
available. Signature of the contract is planned in the coming weeks.
As regards your request for successful tenderer's full tender submission as well as evaluation report please note
that such documentation falls under the exceptions listed in Art. 4(2) and Art. 4(3) of Regulation 1049/2001
concerning protection of commercial interests of a natural or legal person, including intellectual property as well
as protection of documents concerning the procedure which is still ongoing, which is the case here as the contract
has not yet been signed. In accordance with the jurisprudence of the General Court, there is a general
presumption that access to bids submitted by tenderers in principle undermines the protection of their
interests.3
Please note however that after the signature of the contract with the successful tenderer the evaluation report
and the contract can be partially made accessible to the public. In addition the template of the contracts used
by EASA and further information can be consuted on our website a
t: Procurement | EASA (europa.eu). 1 Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 31 May 2001 regarding public access to
European Parliament, Council and Commission documents (OJ L 145 of 31.3.2001, p. 43).
2 Regulation (EU) No 2018/1139 of the European Parliament and of the Council of 4 July 2018 on common rules in the field
of civil aviation and establishing a European Union Aviation Safety Agency, and amending Regulations (EC) No 2111/2005,
(EC) No 1008/2008, (EU} No 996/2010, (EU} No 376/2014 and Directives 2014/30/EU and 2014/53/EU of the European
Parliament and of the Council, and repealing Regulations (EC) No 552/2004 and (EC) No 216/2008 of the European Parliament
and of the Council and Council Regulation {EEC) No 3922/91 (OJ L 212, 22.8.2018, p. 1–122).
3 Judgment of 21 September 2016 in case T‑363/14,
Secolux, Association pour le contrôle de la sécurité de la construction v
European Commission, ECLI:EU:T:2016:521, paragraph 49.
Postal address: Postfach 10 12 53,
Tel.: +49 221 89990 2213
50452 Cologne, Germany
E-mail: xxxxxxxxx.xxxxxxx@xxxx.xxxxxx.xx
Visiting address: Konrad-Adenauer-Ufer 3
Web: www.easa.europa.eu
An agency of the European Union
TE.LEGAL.00018-002
50679 Cologne, Germany
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Means of redress:
You are hereby notified that you have a right to request the Agency to reconsider its decision regarding the above
mentioned decision by making a confirmatory application. In such case, you should send your justified
confirmatory application in writing to the Executive Director of the Agency (Postfach 10 12 53, 50452 Cologne,
Germany). Please note that you have 15 working days from receipt of this letter in which to make the
confirmatory application. Any confirmatory application received beyond this deadline cannot be accepted.
Yours sincerely,
Stéphanie Rostren
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