CELEX: 62016TA0298
Language: en
Date: 2018-12-14 00:00:00
Title: Case T-298/16: Judgment of the General Court of 14 December 2018 — East West Consulting v Commission (Non-contractual liability — Instrument for Pre-Accession Assistance — Third country — National public procurement — Devolved management — Decision 2008/969/EC, Euratom — Early Warning System (EWS) — Activation of a warning in the EWS — Protection of the financial interests of the European Union — Commission’s refusal to give ex ante approval — Contract not awarded — Jurisdiction of the General Court — Admissibility of evidence — No legal basis for the warning — Rights of defence — Presumption of innocence — Sufficiently serious breach of a rule of law conferring rights on individuals — Causal link — Material and non-material damage — Loss of the contract — Loss of the opportunity to be awarded other contracts)

11.3.2019   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 93/40
            
         
      Judgment of the General Court of 14 December 2018 — East West Consulting v Commission
      (Case T-298/16) (1)
      
      ((Non-contractual liability - Instrument for Pre-Accession Assistance - Third country - National public procurement - Devolved management - Decision 2008/969/EC, Euratom - Early Warning System (EWS) - Activation of a warning in the EWS - Protection of the financial interests of the European Union - Commission’s refusal to give ex ante approval - Contract not awarded - Jurisdiction of the General Court - Admissibility of evidence - No legal basis for the warning - Rights of defence - Presumption of innocence - Sufficiently serious breach of a rule of law conferring rights on individuals - Causal link - Material and non-material damage - Loss of the contract - Loss of the opportunity to be awarded other contracts))
      (2019/C 93/49)
      Language of the case: French
      
         Parties
      
      
         Applicant: East West Consulting SPRL (Nandrin, Belgium) (represented by: initially L. Levi and A. Tymen, and subsequently L. Levi, lawyers)
      
         Defendant: European Commission (represented by: F. Dintilhac and J. Estrada de Solà, acting as Agents)
      
         Re:
      
      Application under Article 268 TFEU seeking compensation for the material and non-material harm allegedly suffered by the applicant as a result of a warning being activated against it in the Early Warning System (EWS) and the subsequent refusal, on the basis of that warning, to endorse the contract awarded, following a public procurement procedure, to the consortium which it led and which was to be financed by the European Union in the context of the Instrument for Pre-Accession Assistance (IPA).
      
         Operative part of the judgment
      
      The Court:
      
                  1.
               
               
                  Orders the European Commission to pay to East West Consulting SPRL the sum of EUR 20 000;
               
            
                  2.
               
               
                  Dismisses the action as to the remainder;
               
            
                  3.
               
               
                  Orders each party to bear its own costs.
               
            
         (1)  OJ C 270, 25.7.2016.