Judgment — ECLI:EU:T:2013:476
Date: 2013-09-16
Language of the case: French
Court formation: Eighth Chamber
Subject matter: Public procurement in the European Union
Procedure: Action for annulment - unfounded;Action for damages - unfounded
Origin: France

summary of the pleas in law on which the application is based — Inadmissibility (Statute of the Court Justice, Art. 21, first para.; Rules of Procedure of the General Court, Art. 44(1)(c)) (see para. 111) 4. Acts of the institutions — Statement of reasons — Obligation — Scope — Decision, in the procedure for the award of a public service contract, not to accept a tender — Assessment in the light of information available to the applicant at the time the action brought (Art. 253 EC; Council Regulation No 1605/2002, Art. 100(2); Commission Regulation No 2342/2002, Art. 149) (see paras 139-143) 5. Acts of the institutions — Statement of reasons — Obligation — Scope — Decision, in the procedure for the award of a public service contract, not to accept a tender — Obligation to communicate, following a written request, the characteristics and relative advantages of the tender accepted and the name of the tenderer (Council Regulation No 1605/2002, Art. 100(2); Commission Regulation No 2342/2002, Art. 149(3), fourth para.) (see para. 165) 6. Non-contractual liability — Conditions — Unlawfulness —Damage — Causal link — One of the conditions not satisfied — Claim for compensation dismissed in its entirety (Art. 340, second para., TFEU) (see paras 171-173) Re: APPLICATION for (i) annulment of EMSA’s decision of 28 October 2009 rejecting the tender submitted by the applicant in the tendering procedure EMSA/NEG/1/2009, relating to the conclusion of public service contracts for stand-by oil spill recovery vessels (Lot No 2: Atlantic/Channel), and of the decision awarding the contract to another tenderer; and (ii) damages. Operative part The Court: 1. Dismisses the action; 2. Orders Ecoceane to bear its own costs and to pay those incurred by the European Maritime Safety Agency (EMSA).