Order of the General Court (Third Chamber) of 7 February 2018

Actions for damagesNon-contractual liabilityLimitation periodExpiry not constituting an absolute bar to proceeding

(Art. 268 TFEU; Statute of the Court of Justice, Arts 46 and 53, first para.)

(see para. 23)

Actions for damagesLimitation periodPoint from which time starts to runLiability for an individual measureDate of appearance of the prejudicial effects of the actApplication in the event of an action for the lost profits of an unsuccessful tenderer in a public procurement procedure

(Art. 340, second para., TFEU; Statute of the Court of Justice, Arts 46 and 53, first para.)

(see paras 24, 25, 30)

Non-contractual liabilityDamageCompensationAccount taken of inflationCompensatory interestConditions for granting

(Art. 340 TFEU)

(see para. 31)

Actions for damagesLimitation periodPoint from which time starts to runDamage consisting of the lawyer’s fees incurred by the applicant before the national courtsNon-continuous damageDate to be taken into consideration

(Art. 340, second para., TFEU; Statute of the Court of Justice, Arts 46 and 53, first para.)

(see paras 32, 33)

Actions for damagesLimitation periodPoint from which time starts to runNon-material damage linked to the damage to reputation based on the applicant’s involvement in the proceedings before the national courtsNon-continuous damageDate to be taken into consideration

(Art. 340, second para., TFEU; Statute of the Court of Justice, Arts 46 and 53, first para.)

(see para. 35)

Actions for damagesLimitation periodPoint from which time starts to runLiability for an individual measureDate of appearance of the prejudicial effects of the actEarlier finding of facts giving rise to charges by a court decisionIrrelevantBinding nature of the categorisation of facts in that decision for the EU courtsNone

(Art. 340, second para., TFEU; Statute of the Court of Justice, Arts 46 and 53, first para.)

(see para. 36)

Actions for damagesLimitation periodPoint from which time starts to runLiability for an individual measureDate of appearance of the prejudicial effects of the actAccount taken of a subjective assessment of the reality of the damageNot included

(Art. 340, second para., TFEU; Statute of the Court of Justice, Arts 46 and 53, first para.)

(see paras 38, 40)

Non-contractual liabilityConditionsActual and certain damageBurden of proof

(Art. 340, second para., TFEU)

(see para. 45)

Non-contractual liabilityDamageDamage for which compensation is availableCosts incurred for the proceedingsNot included

(Art. 340, second para., TFEU)

(see para. 48)

Non-contractual liabilityDamageCompensationAccount taken of inflationDefault interestRules for calculation

(Art. 340, second para., TFEU)

(see para. 50)

Re:

Application based on Article 268 TFEU seeking compensation in respect of the loss allegedly suffered by the applicants as a result of acts of corruption committed by a servant of the Commission.

Operative part

The action is dismissed.

Application électronique industrielle moderne (AEIM) and Mr Philippe Kazenas shall pay the costs.