CELEX: 62006CJ0497
Language: en
Date: 2009-04-30 00:00:00
Title: Judgment of the Court (Fourth Chamber) of 30 April 2009.#CAS Succhi di Frutta SpA v Commission of the European Communities.#Appeal - Non-contractual liability - Tendering procedure - Payment in kind - Payment of the tenderers in fruits other than those specified in the notice of invitation to tender - Causal link.#Case C-497/06 P.

Judgment of the Court (Fourth Chamber) of 30 April 2009 – CAS Succhi di Frutta v Commission
      (Case C-497/06 P)
      Appeal – Non-contractual liability – Tendering procedure – Payment in kind – Payment of the tenderers in fruits other than those specified in the notice of invitation to tender – Causal link
      1.                     Procedure – Res judicata – Judgment of the Court finding that the applicant has standing to bring an action for annulment
            of a Commission decision  – Decision treated by the Court as an act adversely affecting a party  (see paras 33-35)
      2.                     Non-contractual liability – Conditions – Unlawfulness – Injury – Causal link – Cumulative conditions (Art. 288, second para.,
            EC) (see paras 39-40)
      3.                     Non-contractual liability – Unlawful conduct of the institutions – Commission decision amending a condition for the award
            of a contract (Art. 288, second para, EC) (see paras 60-66)
      4.                     European Communities’ public procurement – Tender procedure – Expenses incurred by a tenderer – Right to compensation – None
            – Exception – Infringement of Community law (see paras 81-82)
      Re: 
      
         Appeal against the judgment of the Court of First Instance (Second Chamber) of 13 September 2006 in Case T‑226/01 
               CAS Succhi di Frutta
                v 
               Commission
               , by which that Court dismissed the action for compensation for the alleged loss caused by Commission Decisions C(96)1916
                  of 22 July 1996 and C(96)2208 of 6 September 1996, adopted within the framework of Commission Regulation (EC) No 228/96 of
                  7 February 1996 on the supply of fruit juice and fruit jams intended for the people of Armenia and Azerbaijan (OJ 1996 L 30,
                  p. 18).
               
            Operative part
      The Court: 
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the appeal;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders CAS Succhi di Frutta SpA to pay the costs.