Judgment of the Court (Fourth Chamber) of 30 April 2009 – CAS Succhi di Frutta v Commission

(Case C-497/06 P)

Appeal – Non-contractual liability – Tendering procedure – Payment in kind – Payment of the tenderers in fruits other than those specified in the notice of invitation to tender – Causal link

1.                     Procedure – Res judicata – Judgment of the Court finding that the applicant has standing to bring an action for annulment of a Commission decision – Decision treated by the Court as an act adversely affecting a party (see paras 33-35)

2.                     Non-contractual liability – Conditions – Unlawfulness – Injury – Causal link – Cumulative conditions (Art. 288, second para., EC) (see paras 39-40)

3.                     Non-contractual liability – Unlawful conduct of the institutions – Commission decision amending a condition for the award of a contract (Art. 288, second para, EC) (see paras 60-66)

4.                     European Communities’ public procurement – Tender procedure – Expenses incurred by a tenderer – Right to compensation – None – Exception – Infringement of Community law (see paras 81-82)

Re:

Appeal against the judgment of the Court of First Instance (Second Chamber) of 13 September 2006 in Case T‑226/01

CAS Succhi di Frutta

v

Commission

, by which that Court dismissed the action for compensation for the alleged loss caused by Commission Decisions C(96)1916 of 22 July 1996 and C(96)2208 of 6 September 1996, adopted within the framework of Commission Regulation (EC) No 228/96 of 7 February 1996 on the supply of fruit juice and fruit jams intended for the people of Armenia and Azerbaijan (OJ 1996 L 30, p. 18).

Operative part

The Court:

1.

Dismisses the appeal;

2.

Orders CAS Succhi di Frutta SpA to pay the costs.