Judgment_paragraph 14 · Geotronics SA v Commission of the European Communities (C-395/95 P)

14It is clear from paragraph 8 of the contested judgment that by its letter of 10 March 1994 the Commission informed Geotronics that it rejected its tender on the ground that the equipment on offer did not originate in a Member State of the Community or a beneficiary country under the PHARE Programme. Accordingly, the contested decision, which was formally addressed to Geotronics, was taken by the Commission after it had ascertained whether or not that company's tender satisfied the conditions for obtaining Community funding set out in the invitation to tender. Even though that decision formed part of a contractual procedure which was to lead to the conclusion of a national contract, it could be severed from that context inasmuch as, first, it was adopted by the Commission in the exercise of its own powers and, secondly, it was specifically directed at an individual undertaking, which lost any chance of actually being awarded the contract simply because that act was adopted.

Geotronics SA v Commission of the European Communities (C-395/95 P)

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