Official Journal of the European Union

C 164/2

(Case C-103/11 P) (<span class="super">1</span>)

(Appeals - Articles 225(1) EC, 235 EC and 288, second paragraph, EC - Action in non-contractual liability against the European Community - Assessment of the non-contractual character of the dispute - Jurisdiction of the Community Courts)

2013/C 164/03

Language of the case: French

Parties

Appellant: European Commission (represented by: T. van Rijn, E. Montaguti and J. Samnadda, acting as Agents, assisted by A. Berenboom, avocaat, and M. Isgour, avocat)

Other parties to the proceedings: Systran SA, Systran Luxembourg SA (represented by: J.-P. Spitzer and E. De Boissieu, avocats)

Re:

Appeal against the judgment of the General Court (Third Chamber) of 16 December 2010 in Case T-19/07 Systran and Systran Luxembourg v Commission, concerning an action for damages in respect of the damage allegedly suffered by the applicants at first instance as a result of unlawful conduct which occurred following a Commission invitation to tender concerning the maintenance and linguistic strengthening of its system of automatic translation — Erroneous assessment and contradictions concerning the non-contractual nature of the dispute — Infringement of the rights of the defence — Disregard of the rules concerning the taking of evidence — Manifest error of assessment regarding the sufficiently serious nature of the breach constituted by the Commission’s supposed fault — Failure to state reasons

Operative part of the judgment

The Court:

1.Annuls the judgment of the General Court of the European Union of 16 December 2010 in Case T-19/07 Systran and Systran Luxembourg v Commission;

2.Dismisses the action of Systran SA and Systran Luxembourg SA in Case T-19/07;

3.Orders Systran SA and Systran Luxembourg SA to pay the costs incurred by the European Commission before the Court of Justice of the European Union and the General Court of the European Union.

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(<span class="super">1</span>) OJ C 145, 14.5.2011.