Judgment of the General Court of 13 September 2011 — Dredging International and Ondernemingen Jan de Nul v EMSA

(Case T-8/09) (1)

(Public service contracts - EMSA’s procurement procedures - Operation of stand-by oil spill recovery vessels - Rejection of a tender - Action for annulment - Tender inconsistent with the subject of the contract - Consequences - Equal treatment - Proportionality - Definition of the subject of the contract - Failure to disclose the characteristics and relative advantages of the successful tender - Statement of reasons - Award of the contract - No right of action - Application for a declaration that the contract concluded with the successful tenderer is null and void - Claim for damages)

2011/C 311/68

Language of the case: English

Parties

Applicants: Dredging International NV (Zwijndrecht, Belgium) and Ondernemingen Jan de Nul NV (Hofstade-Aalst, Belgium) (represented by: R. Martens and A. Van Vaerenbergh, lawyers)

Defendant: European Maritime Safety Agency (EMSA) (represented by: J. Menze, Agent, assisted by J. Stuyck and A.-M. Vandromme, lawyers)

Re:

First, annulment of the decision of the European Maritime Safety Agency (EMSA) of 28 October 2008 to reject the applicants’ bid submitted in response to a call for tenders EMSA/NEG/3/2008 regarding the service contracts for stand-by oil spill recovery vessels (Lot 2: North Sea) (OJ 2008/S 48-065631) and of the decision to award the contract to another tenderer, and, second, a request for damages

Operative part of the judgment

The Court:

(1)  OJ C 82, 4.4.2009.