Order — ECLI:EU:T:2013:1
Date: 2013-01-07
Language of the case: English
Court formation: Seventh Chamber
Subject matter: Public procurement in the European Union
Procedure: Action for damages - unfounded;Action for failure to act - decision unnecessary
Origin: Belgium

Order of the General Court of 7 January 2013 - Alfastar Benelux v Council (Case T-274/12)  (Actions for failure to act - Action devoid of purpose - No need to adjudicate - Actions for damages - Action manifestly lacking any foundation in law) Language of the case: English Parties Applicant: Alfastar Benelux SA (Ixelles, Belgium) (represented by: N. Keramidas and N. Korogiannakis, lawyers) Defendant: Council of the European Union (represented by: M. Vitsentzatos and E. Chatziioakeimidou, acting as Agents) Re: Application for a declaration that the Council has failed to fulfil its obligations under Article 266 TFEU in failing to take the measures necessary to comply with the judgment of the General Court of the European Union of 20 October 2011 in Case T-57/09 Alfastar Benelux v Council, not published in the ECR, and, in addition, a claim for damages under Article 340 TFEU Operative part of the order 1. There is no longer any need to adjudicate on the application for a declaration of failure to act, brought by Alfastar Benelux SA. 2. The claim for damages brought by Alfastar Benelux is dismissed as manifestly lacking any foundation in law. 3. Alfastar Benelux shall bear 50% of its own costs and pay 50% of the costs incurred by the Council of the European Union. The Council shall bear 50% of its own costs and pay 50% of the costs incurred by Alfastar Benelux. ____________ 1 - OJ C 243, 11.8.2012.