CELEX: 62009TA0518
Language: en
Date: 2013-09-16 00:00:00
Title: Case T-518/09: Judgment of the General Court of 16 September 2013 — Ecoceane v EMSA (Public service contracts — Tendering procedures — Operation of stand-by oil spill recovery vessels — Rejection of a tenderer’s bid — Obligation to state reasons — Equal treatment — Transparency — Manifest error of assessment — Non-contractual liability)

9.11.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 325/22
            
         Judgment of the General Court of 16 September 2013 — Ecoceane v EMSA
   (Case T-518/09) (1)
   
   (Public service contracts - Tendering procedures - Operation of stand-by oil spill recovery vessels - Rejection of a tenderer’s bid - Obligation to state reasons - Equal treatment - Transparency - Manifest error of assessment - Non-contractual liability)
   2013/C 325/36
   Language of the case: French
   
      Parties
   
   
      Applicant: Ecoceane (Paris, France) (represented by: S. Spalter, lawyer)
   
      Defendant: European Maritime Safety Agency (EMSA) (represented by: J. Menze, Agent, assisted by J. Stuyck, lawyer)
   
      Re:
   
   Application for (i) annulment of EMSA’s decision of 28 October 2009 rejecting the tender submitted by the applicant in the tendering procedure EMSA/NEG/1/2009, relating to the conclusion of public service contracts for stand-by oil spill recovery vessels (Lot No 2: Atlantic/Channel), and of the decision awarding the contract to another tenderer; and (ii) damages.
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Dismisses the action;
            
         
               2.
            
            
               Orders Ecoceane to bear its own costs and to pay those incurred by the European Maritime Safety Agency (EMSA).
            
         
      (1)  OJ C 80, 27.3.2010.