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Document 62006TA0411

    Case T-411/06: Judgment of the Court of First Instance of 8 October 2008 — Sogelma v EAR (Public works contracts — Tender procedure of the European Agency for Reconstruction — Decision to cancel tender procedure and to publish a new procedure — Action for annulment — Jurisdiction of the Court of First Instance — Necessity of a prior administrative complaint — Time-limit for bringing proceedings — Instructions to act as agent — Obligation to state the reasons on which the decision is based — Application for damages)

    OJ C 301, 22.11.2008, p. 32–32 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    22.11.2008   

    EN

    Official Journal of the European Union

    C 301/32


    Judgment of the Court of First Instance of 8 October 2008 — Sogelma v EAR

    (Case T-411/06) (1)

    (Public works contracts - Tender procedure of the European Agency for Reconstruction - Decision to cancel tender procedure and to publish a new procedure - Action for annulment - Jurisdiction of the Court of First Instance - Necessity of a prior administrative complaint - Time-limit for bringing proceedings - Instructions to act as agent - Obligation to state the reasons on which the decision is based - Application for damages)

    (2008/C 301/51)

    Language of the case: Italian

    Parties

    Applicant: Sogelma — Societá generale lavori manutenzioni appalti Srl (Scandicci, Italy) (represented by: E. Cappelli, P. De Caterini, A. Bandini and A. Gironi, lawyers)

    Defendant: European Agency for Reconstruction (EAR) (represented by: initially by O. Kalha, subsequently by M. Dischendorfer and then by R. Lundgren, Agent and by S. Bariatti and F. Scanzano, lawyers)

    Intervener in support of the defendant: Commission of the European Communities (represented by: P. van Nuffel and L. Prete, Agents)

    Re:

    APPLICATION for annulment of decisions of the EAR relating to cancellation of the tender procedure for the public works contract reference EuropeAid/120694/D/W/YU and organisation of a new tender procedure, and an application for compensation for loss allegedly suffered.

    Operative part of the judgment

    The Court:

    1.

    Dismisses the action;

    2.

    Orders Sogelma — Societá generale lavori manutenzioni appalti Srl to bear its own costs and to pay those incurred by the European Agency for Reconstruction;

    3.

    Orders the Commission to bear its own costs.


    (1)  OJ C 42, 24.2.2007.


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