5According to the contested judgment, the outcome of the four tendering procedures was as follows:9. The first tendering procedure at issue (hereinafter “the first tendering procedure”) was organised by Commission Regulation (EEC) No 899/90 of 5 April 1990 which opened an invitation to tender for the sale for export of baled tobacco held by the Greek intervention agency (OJ 1990 L 93, p. 7) and involved four lots of baled raw tobacco from the 1986 and the 1987 harvests, divided by varieties and totalling 5271428 kg. The deadline fixed for the Commission decision on the award of contract was 14 June 1990. The first lot comprised 1805903 kg of tobacco and was made up of the varieties Mavra, Kaba Koulak Classic and Elassona, Kaba Koulak Non-Classic, Katerini, Burley EL and Basmas. The second lot comprised 1519836 kg of tobacco and was composed of the same varieties, with the exception of Basmas. The third lot comprised 1519991 kg of tobacco, and was made up of the same varieties as the second lot. The fourth lot comprised 425698 kg of tobacco and was made up of the Mavra and Basmas varieties only. The applicant submitted a tender for the first and second lots (in the amounts of DR 76.11 and DR 63.11 per kilogram respectively). However, on 14 June 1990 the Commission decided not to accept any of the tenderers' bids on the ground that, in view of the prices offered, there was a risk that the market might be disturbed.10 The second tendering procedure at issue (hereinafter “the second tendering procedure”) was organised by Commission Regulation (EEC) No 1560/90 of 8 June 1990 opening an invitation to tender for the sale for export of baled tobacco held by the Greek intervention agency (OJ 1990 L 148, p. 7). It related to the same four lots of baled raw tobacco. The deadline fixed for the Commission decision on the award of contract was 9 August 1990. The applicant submitted a bid for the first and fourth lots (in the amounts of DR 91.11 and DR 101.11 per kilogram respectively). On 7 August 1990 the Commission accepted the bid from another tenderer for the second lot (of DR 102 per kilogram), but rejected all bids for the first, third and fourth lots, on grounds of risk of disturbance of the market.11 The third tendering procedure at issue (hereinafter “the third tendering procedure”) was organised for the three remaining lots by Commission Regulation (EEC) No 2610/90 of 10 September 1990 opening an invitation to tender for the sale for export of baled tobacco held by the Greek intervention agency (OJ 1990 L 248, p. 5). The deadline fixed for the Commission decision on the award of contract was 12 November 1990. The applicant submitted a bid for all three lots (of DR 152.26, DR 132.26 and DR 121.26 per kilogram respectively). Its bid for the first lot was the highest of those received. On 16 November 1990, the Commission decided, once again, not to accept the tenderers' bids on the ground that the prices offered were liable to give rise to abnormal developments on the market.12 The fourth tendering procedure at issue (hereinafter “the fourth tendering procedure”) was organised by Commission Regulation (EEC) No 2436/91 of 7 August 1991 opening an invitation to tender for the sale of baled tobacco held by the German, Greek and Italian intervention agencies (OJ 1991 L 222, p. 23). The total quantity of 105486276 kg was made up of 11 lots, divided into four groups. Each group of lots could be put up for sale only when a contract for the previous group of lots had been awarded. The aim was to obtain bids for all the varieties of tobacco, and dealings were to commence with the least popular varieties on the market. Each lot comprised tobaccos of a given variety held by the various intervention agencies of the various Member States concerned. The applicant took part in a number of sales in that series. Its bids, which were for a quantity lower than that fixed for the lots in question, were rejected as not fulfilling the tendering conditions.’
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