8.4.2019

Official Journal of the European Union

C 131/38

(Case T-292/15) (<span class="super note-tag">1</span>)

(Non-contractual liability - Public supply contracts - Tender procedure - Conflict of interests - Duty of diligence - Loss of opportunity - Compensation)

(2019/C 131/42)

Language of the case: English

Parties

Applicant: Vakakis kai Synergates — Symvouloi gia Agrotiki Anaptixi AE Meleton, formerly Vakakis International — Symvouloi gia Agrotiki Anaptixi AE (Athens, Greece) (represented by: B. O’Connor, Solicitor, S. Gubel and E. Bertolotto, lawyers)

Defendant: European Commission (represented by: F. Erlbacher, E. Georgieva and L. Baumgart, acting as Agents)

Re:

Action brought under Article 268 TFEU, seeking compensation in respect of the loss which the applicant allegedly suffered as a result of irregularities committed by the Commission in the context of the tendering procedure ‘Consolidation of the Food Safety System in Albania’ (EuropeAid/129820/C/SER/AL).

Operative part of the judgment

The Court:

1.Fixes the amount of compensation to be paid by the European Commission to Vakakis kai Synergates — Symvouloi gia Agrotiki Anaptixi AE Meleton in accordance with the judgment of 28 February 2018, Vakakis kai Synergates v Commission (T-292/15), at EUR 234 353, together with default interest with effect from 28 February 2018 until full payment, at the rate set by the European Central Bank (ECB) for its principal refinancing operations, increased by two percentage points;

2.Orders the Commission to pay the costs incurred with respect to the proceedings giving rise to the judgment of 28 February 2018, Vakakis kai Synergates v Commission (T-292/15);

3.Orders each party to bear its own costs incurred with respect to the proceedings subsequent to the judgment of 28 February 2018, Vakakis kai Synergates v Commission (T-292/15).

(<span class="super">1</span>) OJ C 294, 7.9.2015.