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Judgment of the Court of First Instance (Eighth Chamber) of 22 April 2009. # Centre européen pour la statistique et le développement ASBL (CESD-Communautaire) v Commission of the European Communities. # Public procurement - Declaration of a serious breach of contract - Article 93(1)(f) of Regulation (EC, Euratom) No 1605/2002 - Action for annulment - Error of law - Jurisdiction of the Court of First Instance - Legal interest in bringing proceedings - Admissibility - Misuse of powers - Manifest error of assessment - Statement of reasons - Rights of the defence. # Case T-286/05.
ECLI:EU:T:2009:109
62005TJ0286
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(Case T-286/05)
Public procurement – Declaration of a serious breach of contract – Article 93(1)(f) of Regulation (EC, Euratom) No 1605/2002 – Action for annulment – Error of law – Jurisdiction of the Court of First Instance – Legal interest in bringing proceedings – Admissibility – Misuse of powers – Manifest error of assessment – Statement of reasons – Rights of the defence
Re:
APPLICATION for annulment of the Commission’s letter of 18 May 2005 by which it informed the applicant that it had taken the decision to declare, as regards various contracts referred to, that there had been a serious breach of contract under Article 93(1)(f) of Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (OJ 2002 L 248, p. 1).
Operative part
The Court:
1.Dismisses the action;
2.Orders Centre européen pour la statistique et le développement ASBL (CESD-Communautaire) to pay the costs.