Order of the Court (Ninth Chamber) of 7 May 2013 — TME v Commission (Case C-418/12 P)

‛Appeal — Public service contracts — Call for tenders in relation to the rehabilitation of the Bucharest wastewater treatment plant, jointly financed by the ISPA structural funds — Allegedly unlawful decision of the Romanian authorities to reject the tender submitted by the appellant — Refusal of the Commission to open an infringement or financial adjustment procedure against Romania’

Judicial proceedings — Application initiating proceedings — Formal requirements — Identification of the subject-matter of the dispute — Brief 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.

Order of the Court (Ninth Chamber) of 7 May 2013 — TME v Commission (Case C-418/12 P)

‛Appeal — Public service contracts — Call for tenders in relation to the rehabilitation of the Bucharest wastewater treatment plant, jointly financed by the ISPA structural funds — Allegedly unlawful decision of the Romanian authorities to reject the tender submitted by the appellant — Refusal of the Commission to open an infringement or financial adjustment procedure against Romania’

Judicial proceedings — Application initiating proceedings — Formal requirements — Identification of the subject-matter of the dispute — Brief 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.