Order — ECLI:EU:T:2018:656
Date: 2018-10-03
Language of the case: French
Court formation: Second Chamber
Subject matter: Public procurement in the European Union
Procedure: Action for annulment - inadmissible;Action for damages - inadmissible
Origin: Belgium

summary of the pleas in law on which the application is based — Application for compensation for damage allegedly caused by an EU institution — Factors enabling identification of the conduct of which the institution is accused, the causal link and the reality and certainty of the damage caused (Statute of the Court of Justice, Art. 21, first para.; Rules of Procedure of the General Court, Art. 76(d)) (see para. 66) 5. Actions for damages — Application for damages linked to an application for annulment — Dismissal of claim for annulment leading to dismissal of the claim for compensation (Arts 263 TFEU and 340 TFEU) (see para. 68) Re: First, application based on Article 263 TFEU seeking annulment of the Commission’s decision of 13 November 2017 dismissing the administrative appeal brought against the decisions of EACEA of 17 July and 11 August 2017 and, ‘in so far as is necessary’, the annulment of those decisions of EACEA and its ‘decision’ to sign a contract with the tenderer ranked in first position, inasmuch as those decisions rank the tender of the applicants’ consortium in second position according to the cascade mechanism in the call for tenders EACEA/2017/01, regarding event organisation services and promotional campaigns in the audiovisual field and, second, application based on Article 268 TFEU seeking compensation for the damage which the applicants allegedly suffered due to those decisions. Operative part 1. The action is dismissed as inadmissible. 2. Pracsis SPRL and Conceptexpo Project are ordered to bear their own costs and those incurred by the European Commission and by the Education, Audiovisual and Culture Executive Agency (EACEA).