CELEX: 62014TB0383(01)
Language: en
Date: 2016-12-01 00:00:00
Title: Case T-383/14: Order of the General Court of 1 December 2016 — Europower v Commission (Public works contracts — Tendering procedure — Construction of a gas-turbine tri-generation power plant and associated maintenance — Rejection of a tenderer’s bid — Withdrawal of the contested act — No need to adjudicate)

23.1.2017   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 22/33
            
         Order of the General Court of 1 December 2016 — Europower v Commission
   (Case T-383/14) (1)
   
   ((Public works contracts - Tendering procedure - Construction of a gas-turbine tri-generation power plant and associated maintenance - Rejection of a tenderer’s bid - Withdrawal of the contested act - No need to adjudicate))
   (2017/C 022/45)
   Language of the case: Italian
   
      Parties
   
   
      Applicant: Europower SpA (Milan, Italy) (represented by: G. Cocco and L. Salomoni, lawyers)
   
      Defendant: European Commission (represented initially by: L. Cappelletti, F. Moro and L. Di Paolo, and subsequently by L. Di Paolo and F. Moro, acting as Agents)
   
      Intervener in support of the defendant: CPL Concordia Soc. coop. (Concordia Sulla Secchia, Italy) (represented by: A. Penta, lawyer)
   
      Re:
   
   Action, first, on the basis of Article 263 TFEU and seeking the annulment of the Commission decision of 3 April 2014 rejecting the tender submitted by the applicant in the context of the call for tenders JRC IPR 2013 C04 0031 OC, concerning the construction of a gas-turbine tri-generation power plant and associated maintenance (OJ 2013/S 137-237146) on the site of the Joint Research Centre (JRC) at Ispra (Italy), of the Commission decision awarding the contract to CPL Concordia, of any other related prior or subsequent act including the actual decision approving the contract and the contract itself, and of the Commission decision refusing to disclose to the applicant the documents in the call for tenders and, secondly, on the basis of Article 268 TFEU and seeking compensation in respect of the harm allegedly suffered by the applicant.
   
      Operative part of the order
   
   
               1.
            
            
               There is no longer any need to adjudicate on the present action.
            
         
               2.
            
            
               The form of order sought by CPL Concordia Soc. coop. seeking dismissal of the application for a declaration that there is no need to adjudicate is rejected as manifestly inadmissible.
            
         
               3.
            
            
               The European Commission shall bear its own costs and shall pay those incurred by Europower SpA, including those relating to the interlocutory proceedings.
            
         
               4.
            
            
               CPL Concordia shall bear its own costs, relating both to the present proceedings and to the interlocutory proceedings.
            
         
      (1)  OJ C 235, 21.7.2014.