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Case T-298/16: Judgment of the General Court of 14 December 2018 — East West Consulting v Commission (Non-contractual liability — Instrument for Pre-Accession Assistance — Third country — National public procurement — Devolved management — Decision 2008/969/EC, Euratom — Early Warning System (EWS) — Activation of a warning in the EWS — Protection of the financial interests of the European Union — Commission’s refusal to give ex ante approval — Contract not awarded — Jurisdiction of the General Court — Admissibility of evidence — No legal basis for the warning — Rights of defence — Presumption of innocence — Sufficiently serious breach of a rule of law conferring rights on individuals — Causal link — Material and non-material damage — Loss of the contract — Loss of the opportunity to be awarded other contracts)
ECLI:EU:UNKNOWN:62016TA0298
62016TA0298
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11.3.2019
Official Journal of the European Union
C 93/40
(Case T-298/16) (*)
((Non-contractual liability - Instrument for Pre-Accession Assistance - Third country - National public procurement - Devolved management - Decision 2008/969/EC, Euratom - Early Warning System (EWS) - Activation of a warning in the EWS - Protection of the financial interests of the European Union - Commission’s refusal to give ex ante approval - Contract not awarded - Jurisdiction of the General Court - Admissibility of evidence - No legal basis for the warning - Rights of defence - Presumption of innocence - Sufficiently serious breach of a rule of law conferring rights on individuals - Causal link - Material and non-material damage - Loss of the contract - Loss of the opportunity to be awarded other contracts))
(2019/C 93/49)
Language of the case: French
Parties
Applicant: East West Consulting SPRL (Nandrin, Belgium) (represented by: initially L. Levi and A. Tymen, and subsequently L. Levi, lawyers)
Defendant: European Commission (represented by: F. Dintilhac and J. Estrada de Solà, acting as Agents)
Re:
Application under Article 268 TFEU seeking compensation for the material and non-material harm allegedly suffered by the applicant as a result of a warning being activated against it in the Early Warning System (EWS) and the subsequent refusal, on the basis of that warning, to endorse the contract awarded, following a public procurement procedure, to the consortium which it led and which was to be financed by the European Union in the context of the Instrument for Pre-Accession Assistance (IPA).
Operative part of the judgment
The Court:
1.Orders the European Commission to pay to East West Consulting SPRL the sum of EUR 20 000;
2.Dismisses the action as to the remainder;
3.Orders each party to bear its own costs.
(*)
Language of the case: French.
ECLI:EU:C:2019:140