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Case T-407/07: Judgment of the General Court of 15 September 2011 — CMB and Christof v Commission (Public supply contracts — EAR procurement procedure — Supply of equipment for the treatment of medical waste — Rejection of the tender — Action for annulment — Jurisdiction of the General Court — Period allowed for commencing proceedings — Preliminary administrative complaint — Excusable error — Award criteria — Procedural rules — Obligation to state reasons — Principle of sound administration — Non-contractual liability)
ECLI:EU:UNKNOWN:62007TA0407
62007TA0407
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22.10.2011
Official Journal of the European Union
C 311/34
(Case T-407/07) (<span class="super">1</span>)
(Public supply contracts - EAR procurement procedure - Supply of equipment for the treatment of medical waste - Rejection of the tender - Action for annulment - Jurisdiction of the General Court - Period allowed for commencing proceedings - Preliminary administrative complaint - Excusable error - Award criteria - Procedural rules - Obligation to state reasons - Principle of sound administration - Non-contractual liability)
2011/C 311/60
Language of the case: English
Parties
Applicants: CMB Maschinenbau & Handels GmbH (Gratkorn, Austria) and J. Christof GmbH (Graz, Austria) (represented initially by A. Petsche, N. Niejahr, lawyers, F. Young, Solicitor, and Q. Azau, lawyer, and subsequently by A. Petsche, N. Niejahr and Q. Azau)
Defendant: European Commission, as the legal successor of the European Agency for Reconstruction (EAR) (represented by: P. van Nuffel, F. Erlbacher and T. Scharf, acting as Agents)
Re:
First, annulment of the decision of the European Agency for Reconstruction of 29 August 2007, rejecting the tender made by the applicants in response to an invitation to tender EuropeAid/124192/D/SUP/YU concerning the supply of equipment for medical waste management (OJ 2006 S 233 248826) and awarding the contract to another tenderer, and, second, application for damages
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders CMB Maschinenbau & Handels GmbH and J. Christof GmbH to bear their own costs and those incurred by the European Commission.
(<span class="super">1</span>) OJ C 8, 12.1.2008.
* * *
Language of the case: English