Judgment_paragraph 1 · Elitaliana SpA v Eulex Kosovo (C-439/13 P)

1By its appeal, Elitaliana SpA (‘Elitaliana’) seeks the setting aside of the order of the General Court of the European Union of 4 June 2013 in Elitaliana v Eulex Kosovo (T‑213/12, EU:T:2013:292, ‘the order under appeal’), by which the General Court dismissed its action for (i) the annulment of measures adopted by the Mission established on the basis of Council Joint Action 2008/124/CFSP of 4 February 2008 on the European Union Rule of Law Mission in Kosovo, Eulex Kosovo (OJ 2008 L 42, p. 92), as amended by Council Decision 2011/752/CFSP of 24 November 2011 (OJ 2011 L 310, p. 10; ‘Joint Action 2008/124’), in the context of the award to another tenderer of the public contract entitled ‘EuropeAid/131516/D/SER/XK — Helicopter Support to the Eulex Mission in Kosovo (PROC/272/11)’ (‘the measures at issue’) and (ii) an order that the Rule of Law Mission in Kosovo, known as Eulex Kosovo, referred to in Article 1 of Joint Action 2008/124 pay compensation for the loss sustained as a result of the failure to award that contract to the appellant.