CELEX: 62012CB0418
Language: en
Date: 2013-05-07 00:00:00
Title: Case C-418/12 P: Order of the Court (Ninth Chamber) of 7 May 2013 — TME SpA — Termomeccanica Ecologia v European Commission (Appeal — Public service contracts — Call for tenders in relation to the rehabilitation of the Bucharest wastewater treatment plant, jointly financed by the ISPA structural funds — Allegedly unlawful decision of the Romanian authorities to reject the tender submitted by the appellant — Refusal of the Commission to open an infringement or financial adjustment procedure against Romania)

3.8.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 225/51
            
         Order of the Court (Ninth Chamber) of 7 May 2013 — TME SpA — Termomeccanica Ecologia v European Commission
   (Case C-418/12 P) (1)
   
   (Appeal - Public service contracts - Call for tenders in relation to the rehabilitation of the Bucharest wastewater treatment plant, jointly financed by the ISPA structural funds - Allegedly unlawful decision of the Romanian authorities to reject the tender submitted by the appellant - Refusal of the Commission to open an infringement or financial adjustment procedure against Romania)
   2013/C 225/90
   Language of the case: Italian
   
      Parties
   
   
      Appellant: TME SpA — Termomeccanica Ecologia (represented by: C. Malinconico and A. Gigliola, avvocati)
   
      Other party to the proceedings: European Commission (represented by: A. Aresu and P. van Nuffel, agents)
   
      Re:
   
   Appeal against the order of the General Court (Third Chamber) of 4 July 2012 in Case T-329/11 TME v European Commission, by which that court dismissed as manifestly inadmissible, first, an application for annulment of the Commission’s letter of 20 April 2011 concerning the complaint lodged by TME in connection with the failure on the part of Romania to fulfil its obligations under European Union law in the context of the project ‘Bucharest Wastewater Treatment Plant Rehabilitation: Stage I ISPA 2004/RO/16/P/PE/003-03’, linked to the restructuring of the Bucharest wastewater treatment plant, and, second, a claim for damages — Misinterpretation of the subject of the action — Practical Guide to Contract Procedures for External Actions — Commission under an obligation to issue a reasoned opinion in the event of irregularities or breaches arising in the course of the tendering procedure
   
      Operative part of the order
   
   
               1.
            
            
               The appeal is dismissed.
            
         
               2.
            
            
               TME SpA — Termomeccanica Ecologia is ordered to pay the costs.
            
         
      (1)  OJ C 373, 1.12.2012.