Non contractual liability Causal link Public service contracts Community tendering procedures Electronic publication services Irregularities and infringements of Community law allegedly committed by the Publications Office Limitation periods
Sumário
Judgment of the General Court (First Chamber) of 28 September 2010.
C-Content BV v European Commission.
Non-contractual liability - Public service contracts - Community tendering procedures - Electronic publication services - Irregularities and infringements of Community law allegedly committed by the Publications Office - Limitation periods - Causal link.
Case T-247/08.
Texto da decisão
Judgment of the General Court (First Chamber) of 28 September 2010 – C‑Content v Commission
(Case T-247/08)
Non-contractual liability – Public service contracts – Community tendering procedures – Electronic publication services – Irregularities and infringements of Community law allegedly committed by the Publications Office – Limitation periods – Causal link
1. Actions for damages – Limitation period – Point from which time starts to run – Date to be taken into consideration – Point at which the conditions for operation of non-contractual liability are met (Art. 288, second para., EC; Statute of the Court of Justice, Art. 46) (see paras 52-55)
2. Non-contractual liability – Conditions (Art. 288, second para., EC) (see paras 72-73)
3. European Communities’ public procurement – Tender procedure – Expenses incurred by a tenderer – Right to compensation – None – Exception – Infringement of Community law (see paras 86-87)
4. Non-contractual liability – Damage – Damage for which compensation is available – Costs incurred for the proceedings (Art. 288, second para., EC) (see paras 88-89)
5. Non-contractual liability – Damage – Damage for which compensation is available – Concept – Costs incurred before the European Ombudsman (Arts 195(1) EC and 288, second para., EC; Statute of the European Ombudsman, Art. 2(6) and (7)) (see paras 90-91)
Re:
| APPLICATION for damages for the loss allegedly suffered by the applicant as a consequence of irregularities and infringements of Community law committed by the Office for Official Publications of the European Communities in connection with a number of Community tender procedures for electronic publication services. |
Operative part
The Court:
|
1. |
Dismisses the action as in part inadmissible and in part unfounded; |
|
2. |
Orders C-Content BV to pay the costs. |