CELEX: 62009TA0008
Language: en
Date: 2011-09-13 00:00:00
Title: Case T-8/09: Judgment of the General Court of 13 September 2011 — Dredging International and Ondernemingen Jan de Nul v EMSA (Public service contracts — EMSA’s procurement procedures — Operation of stand-by oil spill recovery vessels — Rejection of a tender — Action for annulment — Tender inconsistent with the subject of the contract — Consequences — Equal treatment — Proportionality — Definition of the subject of the contract — Failure to disclose the characteristics and relative advantages of the successful tender — Statement of reasons — Award of the contract — No right of action — Application for a declaration that the contract concluded with the successful tenderer is null and void — Claim for damages)

22.10.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 311/38
            
         Judgment of the General Court of 13 September 2011 — Dredging International and Ondernemingen Jan de Nul v EMSA
   (Case T-8/09) (1)
   
   (Public service contracts - EMSA’s procurement procedures - Operation of stand-by oil spill recovery vessels - Rejection of a tender - Action for annulment - Tender inconsistent with the subject of the contract - Consequences - Equal treatment - Proportionality - Definition of the subject of the contract - Failure to disclose the characteristics and relative advantages of the successful tender - Statement of reasons - Award of the contract - No right of action - Application for a declaration that the contract concluded with the successful tenderer is null and void - Claim for damages)
   2011/C 311/68
   Language of the case: English
   
      Parties
   
   
      Applicants: Dredging International NV (Zwijndrecht, Belgium) and Ondernemingen Jan de Nul NV (Hofstade-Aalst, Belgium) (represented by: R. Martens and A. Van Vaerenbergh, lawyers)
   
      Defendant: European Maritime Safety Agency (EMSA) (represented by: J. Menze, Agent, assisted by J. Stuyck and A.-M. Vandromme, lawyers)
   
      Re:
   
   First, annulment of the decision of the European Maritime Safety Agency (EMSA) of 28 October 2008 to reject the applicants’ bid submitted in response to a call for tenders EMSA/NEG/3/2008 regarding the service contracts for stand-by oil spill recovery vessels (Lot 2: North Sea) (OJ 2008/S 48-065631) and of the decision to award the contract to another tenderer, and, second, a request for damages
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Dismisses the action;
            
         
               2.
            
            
               Orders Dredging International NV and Ondernemingen Jan de Nul NV to pay the costs.
            
         
      (1)  OJ C 82, 4.4.2009.