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Non-contractual liability – Public service contracts – Community tendering procedures – Electronic publication services – Irregularities and infringements of Community law allegedly committed by the Publications Office – Limitation periods – Causal link
3. European Communities’ public procurement – Tender procedure – Expenses incurred by a tenderer – Right to compensation – None – Exception – Infringement of Community law (see paras 86-87)
5. Non-contractual liability – Damage – Damage for which compensation is available – Concept – Costs incurred before the European Ombudsman (Arts 195(1) EC and 288, second para., EC; Statute of the European Ombudsman, Art. 2(6) and (7)) (see paras 90-91)
APPLICATION for damages for the loss allegedly suffered by the applicant as a consequence of irregularities and infringements of Community law committed by the Office for Official Publications of the European Communities in connection with a number of Community tender procedures for electronic publication services.
The Court:
1.Dismisses the action as in part inadmissible and in part unfounded;
2.Orders C-Content BV to pay the costs.