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 13September 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 6September 1996, adopted within the framework of Commission Regulation (EC) No228/96 of 7February 1996 on the supply of fruit juice and fruit jams intended for the people of Armenia and Azerbaijan (OJ1996 L30, p.18). |
Operative part
The Court:
1. |
| Dismisses the appeal; |
2. |
| Orders CAS Succhi di Frutta SpA to pay the costs. |