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Case T-199/14: Judgment of the General Court of 29 October 2015 — Vanbreda Risk & Benefits v Commission (Public services contracts — Tendering procedure — Supply of insurance services for property and persons — Rejection of a tender — Award of the contract to another tenderer — Equal treatment — Sufficiently serious infringement of a rule of law conferring rights on individuals — Non-contractual liability — Loss of an opportunity — Interim judgment)

ECLI:EU:UNKNOWN:62014TA0199

62014TA0199

October 29, 2015
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21.12.2015

Official Journal of the European Union

C 429/19

(Case T-199/14) (<span class="super">1</span>)

((Public services contracts - Tendering procedure - Supply of insurance services for property and persons - Rejection of a tender - Award of the contract to another tenderer - Equal treatment - Sufficiently serious infringement of a rule of law conferring rights on individuals - Non-contractual liability - Loss of an opportunity - Interim judgment))

(2015/C 429/25)

Language of the case: French

Parties

Applicant: Vanbreda Risk & Benefits (Antwerp, Belgium) (represented initially by: P. Teerlinck and P. de Bandt, then by P. Teerlinck, P. de Bandt and M. Gherghinaru, lawyers)

Defendant: European Commission (represented by: S. Delaude and L. Cappelletti, acting as Agents)

Re:

First, action for annulment of the decision of 30 January 2014 by which the Commission rejected the tender submitted by the applicant for Lot 1 in the context of call for tenders No OIB.DR.2/PO/2013/062/591 relating to the insurance of property and persons (OJ 2013/S 155-269617) and awarded it to another company, and, second, an action for damages.

Operative part of the judgment

The Court:

1.Annuls the decision of 30 January 2014 by which the Commission rejected the tender submitted by the applicant for Lot 1 in the context of call for tenders No OIB.DR.2/PO/2013/062/591 relating to the insurance of property and persons (OJ 2013/S 155-269617) and awarded Lot 1 to another company;

2.Orders the European Union to pay compensation for the harm suffered by Vanbreda Risk & Benefits for the loss of the opportunity to be awarded the abovementioned contract and to obtain the corresponding references for the award of the contract;

3.Dismisses the claim for compensation as to the remainder;

4.Orders the parties to inform the Court, within six months from the delivery of the present judgment, of the amount of compensation arrived at by agreement for that loss suffered;

5.Orders that, in the absence of agreement, the parties shall transmit to the Court, within the same period, a statement of their views with supporting figures;

6.Reserves the costs.

(<span class="super">1</span>) OJ C 159, 26.5.2014.

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