CELEX: 62007TJ0407
Language: en
Date: 2011-09-15
Title: Judgment of the General Court (Seventh Chamber) of 15 September 2011.#CMB Maschinenbau & Handels GmbH and J. Christof GmbH v European Commission.#Public supply contracts - EAR procurement procedure - Supply of equipment for the treatment of medical waste - Rejection of the tender - Action for annulment - Jurisdiction of the General Court - Period allowed for commencing proceedings - Preliminary administrative complaint - Excusable error - Award criteria - Procedural rules - Obligation to state reasons - Principle of sound administration - Non-contractual liability.#Case T-407/07.

Judgment of the General Court (Seventh Chamber) of 15 September 2011 – CMB and Christof v Commission
      (Case T-407/07)
      Public supply contracts – EAR procurement procedure – Supply of equipment for the treatment of medical waste – Rejection of the tender – Action for annulment – Jurisdiction of the General Court – Period allowed for commencing proceedings – Preliminary administrative complaint – Excusable error – Award criteria – Procedural rules – Duty to state reasons – Principle of sound administration – Non-contractual liability
      1.                     European Union law – Principles – Right to effective judicial protection – Applicability to measures adopted by agencies established
            on the basis of secondary law producing legal effects vis-à-vis third parties (Art. 230 EC) (see paras 57-58)
      2.                     Actions for annulment – Actionable measures – Measures producing binding legal effects – Decisions taken by the European Agency
            for Reconstruction in the context of procedures for awarding public contracts – Included (Art. 230, first para., EC) (see
            paras 59-61)
      3.                     Actions for annulment – Action against a decision confirming an earlier measure not challenged within the time-limits – Inadmissibility
            – Meaning of confirmatory decision – Decision adopted following an application raising new and substantial facts – Not included
            (Art. 263 TFEU) (see paras 89-93)
      4.                     Procedure – Time-limit for instituting proceedings – Claim barred by lapse of time – Excusable error – Concept – Procedures
            for amicable settlement provided for in the call for tenders – Tenderer using such a procedure – Included (see paras 99, 103)
      5.                     European Union public contracts – Conclusion of a contract following a call for tenders – Discretion of the institutions –
            Judicial review – Limits (see para. 115)
      6.                     European Union budget – Financial regulation – Provisions applicable to procedures for awarding public contracts – Scope –
            Public contracts awarded by bodies created by the Communities, having legal personality and receiving subsidies from the EU
            budget – Included (Council Regulation No 2988/95, Art. 167(1), and No 2666/2000, Art. 7(1); Commission Regulation No 2343/2002,
            Art. 74) (see paras 153-157)
      7.                     Acts of the institutions – Statement of reasons – Obligation – Scope – Decision in a procedure for the award of a public service
            contract not to accept a tender (Art. 253 EC) (see paras 170-172, 177)
      Re: 
      
         
               First, application for annulment of the decision of the European Agency for Reconstruction rejecting the tender made by the
                  applicants in response to invitation to tender EuropeAid/124192/D/SUP/YU concerning the supply of equipment for medical waste
                  management (OJ 2006 S 233 248826) and awarding the contract to another tenderer, and, second, application for damages.
               
            Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders CMB Maschinenbau & Handels GmbH and J. Christof GmbH to bear their own costs and those incurred by the European Commission.