Judgment of the General Court of 16 September 2013 – Ecoceane v EMSA

(Case T-518/09) ¹

(Public service contracts – Tendering procedures – Operation of stand-by oil spill recovery vessels – Rejection of a tenderer’s bid – Obligation to state reasons – Equal treatment – Transparency – Manifest error of assessment – Non-contractual liability)

Language of the case: French

Parties

Applicant: Ecoceane (Paris, France) (represented by: S. Spalter, lawyer)

Defendant: European Maritime Safety Agency (EMSA) (represented by: J. Menze, Agent, assisted by J. Stuyck, lawyer)

Re:

Application for (i) annulment of EMSA’s decision of 28 October 2009 rejecting the tender submitted by the applicant in the tendering procedure EMSA/NEG/1/2009, relating to the conclusion of public service contracts for stand-by oil spill recovery vessels (Lot No 2: Atlantic/Channel), and of the decision awarding the contract to another tenderer; and (ii) damages.

Operative part of the judgment

The Court:

Dismisses the action;

Orders Ecoceane to bear its own costs and to pay those incurred by the European Maritime Safety Agency (EMSA).

____________

____________

¹ OJ C 80, 27.3.2010.