The General Court (GC) has criticised the European Commission’s basing of the award of a contract on the criterion of the tenderers’ experience in breach of procurement rules which require experience to be assessed at the selection stage. (The Commission is bound by procurement rules under its own Financial Regulation which are similar to the Procurement Directive.) European Dynamic’s appealed against the rejection of its bid for an IT contract related to the development and maintenance of the Commission’s “eLearning” portal. One of the qualitative award criteria the Commission applied related to the experience of the tenderer “in similar large international and multilingual projects as well as in the fields of education and training”. On 8 December 2011, the GC (in case T-39/08) annulled the Commission’s decision to reject European Dynamics’s bid on the basis that the Commission had already evaluated experience during selection and could not take it into account again for the purpose of comparing tenders. However, the GC declined to award damages for loss of profits.