Order of the General Court (Fourth Chamber) of 13 September 2012 — Diadikasia Symbouloi Epicheiriseon v Commission and Others
(Case T‑369/11)
Action for damages — Instrument for Pre-Accession Assistance — Third country — National public procurement — Decentralised management — Inadmissibility — Lack of jurisdiction
1. Actions for damages — Subject matter — Compensation claim alleging unlawfulness of a decision taken by a national authority in a public contract award procedure organised under the decentralised management of an EU programme — No obligation on the EU institutions to adopt a decision in relation thereto — No jurisdiction of EU judicature (Art. 340, second para., TFEU; Council Regulation No 1085/2006) (see paras 47-48, 52-53, 61-62)
2. Non-contractual liability — Conditions — Unlawfulness — Damage — Causal link — One of the conditions not satisfied — Claim for compensation dismissed in its entirety (Art. 340, second para., TFEU) (see paras 50, 58)
3. Proceedings — Application initiating proceedings — Formal requirements — Identification of the subject matter of the dispute (Rules of Procedure of the General Court, Art. 44(1)(c)) (see para. 51)
Re:
| APPLICATION for compensation in respect of the damage arising from the CFCU’s decision of 5 April 2011, and any subsequent decision, annulling the award of the contract ‘Enlargement of the European Turkish Business Centres Network to Sivas, Antakya, Batman and Van — EuropeAid/128621/D/SER/TR’ to the consortium Diadikasia Business Consultants SA (GR) — Wyg International Ltd (UK) — Deleeuw International Ltd (TR) — Cyberpark (TR), on the ground of allegedly false statements. |
Operative part
1. | | The action is dismissed. |
2. | | Diadikasia Symbouloi Epicheiriseon AE is ordered to bear its own costs and pay those incurred by the European Commission. |