Judgment of the General Court of 10 December 2009 - Antwerpse Bouwwerken v European Commission
(Public procurement - Community tendering procedure - Construction of a reference materials production hall - Rejection of a tender - Action for annulment - Interest in bringing proceedings - Admissibility - Interpretation of a condition laid down in the contract documents - Compliance of a tender with the conditions laid down in the contract documents - Exercise of the power to request clarification of tenders - Action for damages)
Language of the case: Dutch
Parties
Applicant: Antwerpse Bouwwerken NV (Antwerp, Belgium) (represented initially by: J. Verbist and D. de Keuster, and subsequently by: J. Verbist, B. van de Walle de Ghelcke and A. Vandervennet, lawyers)
Defendant: European Commission (represented by: E. Manhaeve, acting as Agent, and by M. Gelders, lawyer)
Re:
Application for, firstly, annulment of the decision of the Commission rejecting the tender submitted by the applicant in a restricted public procurement procedure concerning the construction of a reference materials production hall in the grounds of the Institut des matériaux et mesures de référence (Institute for Reference Materials and Measurements) in Geel (Belgium) and awarding the contract to another tenderer and, secondly, compensation for the damage purportedly suffered by the applicant by reason of that decision of the Commission
Operative part of the judgment
The Court:
Dismisses the action;
Orders Antwerpse Bouwwerken NV to pay the costs, including those relating to the proceedings for interim relief in Case T 195/08 R.
____________1 - OJ C 183, 19.7.2008.