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Case T-411/06: Judgment of the Court of First Instance of 8 October 2008 — Sogelma v EAR (Public works contracts — Tender procedure of the European Agency for Reconstruction — Decision to cancel tender procedure and to publish a new procedure — Action for annulment — Jurisdiction of the Court of First Instance — Necessity of a prior administrative complaint — Time-limit for bringing proceedings — Instructions to act as agent — Obligation to state the reasons on which the decision is based — Application for damages)
ECLI:EU:UNKNOWN:62006TA0411
62006TA0411
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22.11.2008
Official Journal of the European Union
C 301/32
(Case T-411/06)
(Public works contracts - Tender procedure of the European Agency for Reconstruction - Decision to cancel tender procedure and to publish a new procedure - Action for annulment - Jurisdiction of the Court of First Instance - Necessity of a prior administrative complaint - Time-limit for bringing proceedings - Instructions to act as agent - Obligation to state the reasons on which the decision is based - Application for damages)
(2008/C 301/51)
Language of the case: Italian
Parties
Applicant: Sogelma — Societá generale lavori manutenzioni appalti Srl (Scandicci, Italy) (represented by: E. Cappelli, P. De Caterini, A. Bandini and A. Gironi, lawyers)
Defendant: European Agency for Reconstruction (EAR) (represented by: initially by O. Kalha, subsequently by M. Dischendorfer and then by R. Lundgren, Agent and by S. Bariatti and F. Scanzano, lawyers)
Intervener in support of the defendant: Commission of the European Communities (represented by: P. van Nuffel and L. Prete, Agents)
Re:
APPLICATION for annulment of decisions of the EAR relating to cancellation of the tender procedure for the public works contract reference EuropeAid/120694/D/W/YU and organisation of a new tender procedure, and an application for compensation for loss allegedly suffered.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Sogelma — Societá generale lavori manutenzioni appalti Srl to bear its own costs and to pay those incurred by the European Agency for Reconstruction;
3.Orders the Commission to bear its own costs.
* * *
(1) OJ C 42, 24.2.2007.