Judgment — ECLI:EU:T:2011:477
Date: 2011-09-15
Language of the case: English
Court formation: Seventh Chamber
Subject matter: Financial provisions;Public procurement in the European Union
Procedure: Action for annulment - unfounded;Action for damages - unfounded
Origin: Austria

Judgment of the General Court (Seventh Chamber) of 15 September 2011 – CMB and Christof v Commission (Case T-407/07) Public supply contracts – EAR procurement procedure – Supply of equipment for the treatment of medical waste – Rejection of the tender – Action for annulment – Jurisdiction of the General Court – Period allowed for commencing proceedings – Preliminary administrative complaint – Excusable error – Award criteria – Procedural rules – Duty to state reasons – Principle of sound administration – Non-contractual liability 1. European Union law – Principles – Right to effective judicial protection – Applicability to measures adopted by agencies established on the basis of secondary law producing legal effects vis-à-vis third parties (Art. 230 EC) (see paras 57-58) 2. Actions for annulment – Actionable measures – Measures producing binding legal effects – Decisions taken by the European Agency for Reconstruction in the context of procedures for awarding public contracts – Included (Art. 230, first para., EC) (see paras 59-61) 3. Actions for annulment – Action against a decision confirming an earlier measure not challenged within the time-limits – Inadmissibility – Meaning of confirmatory decision – Decision adopted following an application raising new and substantial facts – Not included (Art. 263 TFEU) (see paras 89-93) 4. Procedure – Time-limit for instituting proceedings – Claim barred by lapse of time – Excusable error – Concept – Procedures for amicable settlement provided for in the call for tenders – Tenderer using such a procedure – Included (see paras 99, 103) 5. European Union public contracts – Conclusion of a contract following a call for tenders – Discretion of the institutions – Judicial review – Limits (see para. 115) 6. European Union budget – Financial regulation – Provisions applicable to procedures for awarding public contracts – Scope – Public contracts awarded by bodies created by the Communities, having legal personality and receiving subsidies from the EU budget – Included (Council Regulation No 2988/95, Art. 167(1), and No 2666/2000, Art. 7(1); Commission Regulation No 2343/2002, Art. 74) (see paras 153-157) 7. Acts of the institutions – Statement of reasons – Obligation – Scope – Decision in a procedure for the award of a public service contract not to accept a tender (Art. 253 EC) (see paras 170-172, 177) Re: First, application for annulment of the decision of the European Agency for Reconstruction rejecting the tender made by the applicants in response to invitation to tender EuropeAid/124192/D/SUP/YU concerning the supply of equipment for medical waste management (OJ 2006 S 233 248826) and awarding the contract to another tenderer, and, second, application for damages. Operative part The Court: 1. Dismisses the action; 2. Orders CMB Maschinenbau & Handels GmbH and J. Christof GmbH to bear their own costs and those incurred by the European Commission.