Judgment of the General Court of 16 December 2010 - Systran and Systran Luxembourg v Commission
(Non-contractual liability - Call for tenders to carry out a project relating to the maintenance and linguistic enhancement of the Commission's machine translation system - Source codes for a computer program being marketed - Infringement of copyright - Unauthorised disclosure of know-how - Action for compensation - Non-contractual dispute - Admissibility - Actual and certain damage - Causal link - Flat-rate assessment of the amount of the damage)
Language of the case: French
Parties
Applicant: Systran SA (Paris, France); and Systran Luxembourg SA (Luxembourg, Luxembourg) (represented by: J.-P. Spitzer and E. De Boissieu, lawyers)
Defendant: European Commission (represented: initially by E. Montaguti and M.F. Benyon, and subsequently by E. Traversa and E. Montaguti, Agents, and A. Berenboom and M. Isgour, lawyers)
Re:
Action for compensation for the damage allegedly suffered by the applicants as a result of infringements committed following a call for tenders by the Commission relating to the maintenance and linguistic enhancement of its machine translation system.
Operative part of the judgment
The Court:
Orders the European Commission to pay Systran SA flat-rate compensation of EUR 12 001 000;
Dismisses the remainder of the action;
Orders the Commission to pay the costs.
____________1 - OJ C 69, 24.3.2007.