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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.
ECLI:EU:C:2009:273
62006CJ0497
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(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)
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.