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(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
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)
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.
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.