Judgment of the General Court of 29 January 2013 - Cosepuri v EFSA
(Joined Cases T-339/10 and T-532/10)
(Public service contracts - Tender procedure - Shuttle service in Italy and Europe - Tenderer's bid rejected - Decision to award the contract to another tenderer - Non-contractual liability - Access to documents - Regulation (EC) No 1049/2001 - Bid of the successful tenderer - Access refused - Exception relating to the protection of the commercial interests of a third party)
Language of the case: Italian
Parties
Applicant: Cosepuri Soc. Coop. pA (Bologna, Italy) (represented by: F. Fiorenza, lawyer)
Defendant: European Food Safety Authority (EFSA) (represented by: D. Detken and S. Gabbi, acting as Agents, and J. Stuyck and A.-M. Vandromme, lawyers)
Re:
Application for annulment relating to tender procedure CFT/EFSA/FIN/2010/01 for the award of a shuttle service contract in Italy and Europe (OJ 2010/S 51-074689), together with a claim for damages (Case T-339/10), and an application for annulment of EFSA's decision of 15 September 2010 refusing to grant the applicant access to the bid of the successful tenderer in the tender procedure in question (Case T-532/10)
Operative part of the judgment
The Court:
Dismisses the actions;
Orders Cosepuri Soc. Coop. pA to pay the costs.
____________1 - OJ C 288, 23.10.2010.