(Case T-407/07)

Public supply contracts – EAR procurement procedure – Supply of equipment for the treatment of medical waste – Rejection of the tender – Action for annulment – Jurisdiction of the General Court – Period allowed for commencing proceedings – Preliminary administrative complaint – Excusable error – Award criteria – Procedural rules – Duty to state reasons – Principle of sound administration – Non-contractual liability

3. Actions for annulment – Action against a decision confirming an earlier measure not challenged within the time-limits – Inadmissibility – Meaning of confirmatory decision – Decision adopted following an application raising new and substantial facts – Not included (Art. 263 TFEU) (see paras 89-93)

6. European Union budget – Financial regulation – Provisions applicable to procedures for awarding public contracts – Scope – Public contracts awarded by bodies created by the Communities, having legal personality and receiving subsidies from the EU budget – Included (Council Regulation No 2988/95, Art. 167(1), and No 2666/2000, Art. 7(1); Commission Regulation No 2343/2002, Art. 74) (see paras 153-157)

Re:

First, application for annulment of the decision of the European Agency for Reconstruction rejecting the tender made by the applicants in response to invitation to tender EuropeAid/124192/D/SUP/YU concerning the supply of equipment for medical waste management (OJ 2006 S 233 248826) and, second, application for damages.

Operative part

The Court:

1.Dismisses the action;

2.Orders CMB Maschinenbau & Handels GmbH and J. Christof GmbH to bear their own costs and those incurred by the European Commission.