CELEX: 62008TJ0247
Language: en
Date: 2010-09-28 00:00:00
Title: Judgment of the General Court (First Chamber) of 28 September 2010.#C-Content BV v European Commission.#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.#Case T-247/08.

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.