Judgment of the General Court (First Chamber) of 28 September 2010 – C‑Content v Commission
(Case T-247/08)
Non-contractual liability – Public service contracts – Community tendering procedures – Electronic publication services – Irregularities and infringements of Community law allegedly committed by the Publications Office – Limitation periods – Causal link
1.                     Actions for damages – Limitation period – Point from which time starts to run – Date to be taken into consideration – Point at which the conditions for operation of non-contractual liability are met (Art. 288, second para., EC; Statute of the Court of Justice, Art. 46) (see paras 52-55)
2.                     Non-contractual liability – Conditions (Art. 288, second para., EC) (see paras 72-73)
3.                     European Communities’ public procurement – Tender procedure – Expenses incurred by a tenderer – Right to compensation – None – Exception – Infringement of Community law (see paras 86-87)
4.                     Non-contractual liability – Damage – Damage for which compensation is available – Costs incurred for the proceedings (Art. 288, second para., EC) (see paras 88-89)
5.                     Non-contractual liability – Damage – Damage for which compensation is available – Concept – Costs incurred before the European Ombudsman (Arts 195(1) EC and 288, second para., EC; Statute of the European Ombudsman, Art. 2(6) and (7)) (see paras 90-91)
Re:
APPLICATION for damages for the loss allegedly suffered by the applicant as a consequence of irregularities and infringements of Community law committed by the Office for Official Publications of the European Communities in connection with a number of Community tender procedures for electronic publication services.
Operative part
The Court:
1.
Dismisses the action as in part inadmissible and in part unfounded;
2.
Orders C-Content BV to pay the costs.