Judgment — ECLI:EU:C:2009:273
Date: 2009-04-30
Language of the case: Italian
Court formation: Fourth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Agriculture and Fisheries;Food aid;External relations;Processed fruit and vegetables
Concepts: Basis of liability;Res judicata;Refund of expenses;Causal link
Procedure: Appeal - unfounded;Action for damages
Origin: Italy

Judgment of the Court (Fourth Chamber) of 30 April 2009 – CAS Succhi di Frutta v Commission (Case C-497/06 P) Appeal – Non-contractual liability – Tendering procedure – Payment in kind – Payment of the tenderers in fruits other than those specified in the notice of invitation to tender – Causal link 1. Procedure – Res judicata – Judgment of the Court finding that the applicant has standing to bring an action for annulment of a Commission decision – Decision treated by the Court as an act adversely affecting a party (see paras 33-35) 2. Non-contractual liability – Conditions – Unlawfulness – Injury – Causal link – Cumulative conditions (Art. 288, second para., EC) (see paras 39-40) 3. Non-contractual liability – Unlawful conduct of the institutions – Commission decision amending a condition for the award of a contract (Art. 288, second para, EC) (see paras 60-66) 4. European Communities’ public procurement – Tender procedure – Expenses incurred by a tenderer – Right to compensation – None – Exception – Infringement of Community law (see paras 81-82) Re: Appeal against the judgment of the Court of First Instance (Second Chamber) of 13 September 2006 in Case T‑226/01 CAS Succhi di Frutta v Commission , by which that Court dismissed the action for compensation for the alleged loss caused by Commission Decisions C(96)1916 of 22 July 1996 and C(96)2208 of 6 September 1996, adopted within the framework of Commission Regulation (EC) No 228/96 of 7 February 1996 on the supply of fruit juice and fruit jams intended for the people of Armenia and Azerbaijan (OJ 1996 L 30, p. 18). Operative part The Court: 1. Dismisses the appeal; 2. Orders CAS Succhi di Frutta SpA to pay the costs.