Judgment of the General Court of 20 March 2013 – Nexans France v Joint Undertaking Fusion for Energy
(Case T-415/10) 1
(Public supply contracts – Euratom – Public procurement procedure of the Joint Undertaking Fusion for Energy – Supply of electrical equipment – Rejection of a tenderer’s bid – Open procedure – Bid containing reservations – Legal certainty – Legitimate expectation – Proportionality –Conflict of interests – Awarding decision – Action for annulment – Not directly concerned – Inadmissibility – Non-contractual liability)
Language of the case: French
Parties
Applicant: Nexans France (Paris, France) (represented by: J.-P. Tran Thiet, J.-F. Le Corre and M. Pigeat, lawyers)
Defendant: European Joint Undertaking for ITER and the Development of Fusion Energy (Barcelona, Spain) (represented by: A. Verpont, acting as Agent, and C. Kennedy-Loest, T. Christopher, Solicitors, J. Derenne, N. Pourbaix, lawyers, and M. Farley, Solicitor)
Re:
Firstly, annulment of the decision rejecting the bid submitted by the applicant and the decision to award the contract to another tenderer and, secondly, a claim for compensation.
Operative part of the judgment
The Court:
Dismisses the action;
Orders Nexans France to pay the costs, including those of the interim proceedings.
____________1 OJ C 301, 6.11.2010.