FROM THE DOCUMENTS BEFORE THE COURT THAT WHEN THE COMMISSION RECEIVED THE REPORT OF THE TENDER COMMITTEE IT DISAGREED WITH THE REJECTION OF THE LOWEST OFFER AND ASKED THE ETHIOPIAN AUTHORITIES AND , THROUGH THEM , KAMPSAX TO RECONSIDER THE QUESTION OF THE LACK OF TECHNICAL AND FINANCIAL QUALIFICATIONS OF RUSH & TOMPKINS BV . IN THE COURSE OF THAT REVIEW DIRECT CONTACTS TOOK PLACE BETWEEN THE COMMISSION AND KAMPSAX . DURING THE SAME PERIOD THE ITALIAN CONSORTIUM MADE REPRESENTATIONS TO THE COMMISSION ON SEVERAL OCCASIONS , AND WAS INFORMED ORALLY OF THE REASONS FOR THE COMMISSION ' S ACTION .
13 THE COMMISSION STATES THAT IN THE COURSE OF THOSE EFFORTS TO CLARIFY THE MATTER IT ESTABLISHED THAT RUSH & TOMPKINS BV WAS IN FACT A SUBSIDIARY OF AN ENGLISH GROUP , RUSH & TOMPKINS GROUP PLC , WHICH , TAKEN AS A GROUP , APPEARED TO IT TO HAVE THE TECHNICAL AND FINANCIAL CAPABILITIES NECESSARY FOR A PROJECT OF THIS SIZE . IN ITS SUCCESSIVE STATEMENTS KAMPSAX GRADUALLY CHANGED ITS VIEW AND FINALLY AGREED THAT , TAKING INTO ACCOUNT THE GUARANTEES PROVIDED BY ITS RELATIONSHIP WITH THE RUSH & TOMPKINS GROUP , MANIFESTED BY AN EXPRESS AND UNCONDITIONAL WRITTEN GUARANTEE ( CORPORATE GUARANTEE ) DATED 22 APRIL 1983 AND REPEATED IN IDENTICAL TERMS ON 21 JUNE 1983 , RUSH & TOMPKINS BV DID IN FACT POSSESS THE TECHNICAL AND FINANCIAL CAPABILITIES REQUIRED FOR THE COMPLETION OF THE PROJECT .
14 AT FIRST , THE ETHIOPIAN AUTHORITIES FOUND IT DIFFICULT TO AGREE WITH THAT ASSESSMENT , AS IS INDICATED BY A TELEX COMMUNICATION OF 25 APRIL 1983 SENT TO THE ITALIAN CONSORTIUM IN WHICH THEY STATED THAT PRESSURE HAD BEEN BROUGHT TO BEAR ON THEM BY THE COMMISSION .
15 ON 6 JUNE 1983 KAMPSAX SUBMITTED A FINAL REPORT RECOMMENDING , THIS TIME , THAT THE CONTRACT SHOULD BE AWARDED TO RUSH & TOMPKINS BV , SUPPORTED BY RUSH & TOMPKINS GROUP PLC . THAT REPORT WAS IMMEDIATELY ACCEPTED BY THE ETHIOPIAN AUTHORITIES , IN THE PERSON OF THE NATIONAL AUTHORIZING OFFICER . ON 10 JUNE 1983 THE CHIEF AUTHORIZING OFFICER OF THE EUROPEAN DEVELOPMENT FUND GAVE HIS AGREEMENT , AND THE CONTRACT BETWEEN THE ETHIOPIAN AUTHORITIES AND RUSH & TOMPKINS BV WAS SIGNED ON 6 JULY 1983 AND ENDORSED BY THE COMMISSION ' S DELEGATE ON THE AUTHORITY OF THE CHIEF AUTHORIZING OFFICER .
16 IN A TELEX COMMUNICATION OF 22 JUNE 1983 EELPA INFORMED THE ITALIAN CONSORTIUM THAT AS A RESULT OF DISCUSSIONS WITH KAMPSAX AND THE COMMISSION IT WAS NOW SATISFIED THAT THE LOWEST TENDERER , RUSH & TOMPKINS BV , HAD ALL THE QUALIFICATIONS REQUIRED IN ORDER TO UNDERTAKE THE AMARTI PROJECT . IT THEREFORE ASKED THE ITALIAN CONSORTIUM NOT TO PURSUE THE MATTER .
17 ON 24 JUNE 1983 THE ITALIAN CONSORTIUM BROUGHT THIS ACTION , TOGETHER WITH AN APPLICATION FOR THE ADOPTION OF INTERIM MEASURES . THAT APPLICATION RESULTED IN AN ORDER OF 5 AUGUST 1983 WHICH EXPRESSED DOUBTS WITH REGARD TO THE