210As is apparent from the application (see paragraph 81 above), the applicant alleges loss corresponding to ‘its estimated gross profit from the … public procurement procedure, should the contract have been awarded to the applicant’. In its written pleadings, it accepts that the EIB could be ordered to pay damages to it corresponding to gross loss of profit, as calculated in the application, only if the Court was able to find that its tender ought to have been placed first following the comparative tender evaluation stage (see paragraph 204 above). The applicant’s claim for damages is therefore based on the belief that the contested decision prevented it from being awarded the contract and signing the framework agreement for the implementation of the contract with the EIB. The purpose of such a claim must be interpreted as being not compensation for the loss of the opportunity to conclude the contract, but compensation for the loss of the contract itself. That is not called into question by the fact that, at the hearing, in response to a question put by the Court, the applicant stated that the claim for damages included, in a certain way, a loss of opportunity since the fact that this contract had not been signed by it had jeopardised its chances of being awarded other public contracts in the future and, in a general way, of recovering the fixed costs which it incurs in connection with its activities in the area of public procurement. In addition to the fact that those new heads of loss were pleaded out of time and are, accordingly, inadmissible, they are in any event not based on the applicant’s loss of opportunity to conclude the contract but on the consequences which, in its view, flowed directly from the loss of the contract itself.
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