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Case T-8/09: Judgment of the General Court of 13 September 2011 — Dredging International and Ondernemingen Jan de Nul v EMSA (Public service contracts — EMSA’s procurement procedures — Operation of stand-by oil spill recovery vessels — Rejection of a tender — Action for annulment — Tender inconsistent with the subject of the contract — Consequences — Equal treatment — Proportionality — Definition of the subject of the contract — Failure to disclose the characteristics and relative advantages of the successful tender — Statement of reasons — Award of the contract — No right of action — Application for a declaration that the contract concluded with the successful tenderer is null and void — Claim for damages)
ECLI:EU:UNKNOWN:62009TA0008
62009TA0008
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22.10.2011
Official Journal of the European Union
C 311/38
(Case T-8/09) (<span class="super">1</span>)
(Public service contracts - EMSA’s procurement procedures - Operation of stand-by oil spill recovery vessels - Rejection of a tender - Action for annulment - Tender inconsistent with the subject of the contract - Consequences - Equal treatment - Proportionality - Definition of the subject of the contract - Failure to disclose the characteristics and relative advantages of the successful tender - Statement of reasons - Award of the contract - No right of action - Application for a declaration that the contract concluded with the successful tenderer is null and void - Claim for damages)
2011/C 311/68
Language of the case: English
Parties
Applicants: Dredging International NV (Zwijndrecht, Belgium) and Ondernemingen Jan de Nul NV (Hofstade-Aalst, Belgium) (represented by: R. Martens and A. Van Vaerenbergh, lawyers)
Defendant: European Maritime Safety Agency (EMSA) (represented by: J. Menze, Agent, assisted by J. Stuyck and A.-M. Vandromme, lawyers)
Re:
First, annulment of the decision of the European Maritime Safety Agency (EMSA) of 28 October 2008 to reject the applicants’ bid submitted in response to a call for tenders EMSA/NEG/3/2008 regarding the service contracts for stand-by oil spill recovery vessels (Lot 2: North Sea) (OJ 2008/S 48-065631) and of the decision to award the contract to another tenderer, and, second, a request for damages
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Dredging International NV and Ondernemingen Jan de Nul NV to pay the costs.
(<span class="super">1</span>) OJ C 82, 4.4.2009.