Order — ECLI:EU:C:2013:285
Date: 2013-05-07
Language of the case: Italian
Court formation: Ninth Chamber
Subject matter: Financial provisions;Public procurement in the European Union
Procedure: Action for annulment;Appeal - unfounded;Action for damages
Origin: Italy

summary of the pleas in law on which the application is based — Unambiguous wording of the form of order sought by the applicant (Statute of the Court of Justice, Art. 21; Rules of Procedure of the General Court, Art. 44(1)(c) and (d)) (see paras 32, 33) Re: Appeal against the order of the General Court (Third Chamber) of 4 July 2012 in Case T‑329/11 TME v European Commission , by which that court dismissed as manifestly inadmissible, first, an application for annulment of the Commission’s letter of 20 April 2011 concerning the complaint lodged by TME in connection with the failure on the part of Romania to fulfil its obligations under EU law in the context of the project ‘Bucharest Wastewater Treatment Plant Rehabilitation: Stage I ISPA 2004/RO/16/P/PE/003‑03’, linked to the restructuring of the Bucharest wastewater treatment plant, and, second, a claim for damages — Misinterpretation of the subject of the action — Practical Guide to Contract Procedures for External Actions — Commission under an obligation to issue a reasoned opinion in the event of irregularities or breaches arising in the course of the tendering procedure. Operative part 1. The appeal is dismissed. 2. TME SpA — Termomeccanica Ecologia is ordered to pay the costs.