# C_2007095EN.01005301.xml

| 28.4.2007 | EN | Official Journal of the European Union | C 95/53 |
| --- | --- | --- | --- |

28.4.2007

EN

Official Journal of the European Union

C 95/53

---

Action brought on 9 March 2007 — Icuna.Com v Parliament

(Case T-71/07)

(2007/C 95/107)

Language of the case: French

Parties

Applicant: Icuna.Com SCRL (Braine-le-Château, Belgium) (represented by J. Windey and P. de Bandt, lawyers)

Applicant:

Defendant: European Parliament

Defendant:

Form of order sought

| — | annul the decision of the European Parliament of 31 January 2007, annulling the tender procedure EP/DGINFO/WEBTV/2006/0003, in so far as concerns lot 2; |
| --- | --- |

—

annul the decision of the European Parliament of 31 January 2007, annulling the tender procedure EP/DGINFO/WEBTV/2006/0003, in so far as concerns lot 2;

| — | declare that the Community is non-contractually liable and order the European Parliament to pay compensation to the applicant for all the damage suffered as a result of the contested decision and to appoint an expert to assess that damage; |
| --- | --- |

—

declare that the Community is non-contractually liable and order the European Parliament to pay compensation to the applicant for all the damage suffered as a result of the contested decision and to appoint an expert to assess that damage;

| — | in any event, order the European Parliament to pay the costs of the present proceedings. |
| --- | --- |

—

in any event, order the European Parliament to pay the costs of the present proceedings.

Pleas in law and main arguments

By decision of 1 December 2006, the European Parliament rejected the applicant's tender submitted in the context of the tender procedure EP/DGINFO/WEBTV/2006/0003, lot 2: programme contents, with a view to the creation of a European Parliament web television channel (1) and entered into a contract with another tenderer. That decision was the subject of an action for annulment brought by the applicant in the Court of First Instance on 19 December 2006 (2). In the context of interlocutory proceedings, the President of the Court of First Instance ordered, with interim effect, and in so far as the Parliament had already concluded the contract in accordance with the decision of 1 December 2006, the suspension of the operation of the contract. Following the hearing held in the interlocutory proceedings, the Parliament adopted the contested decision on 31 January 2007, by which it annulled the tender procedure at issue in so far as that procedure concerns lot 2.

1

2

In support of its action, the applicant relies on two pleas in law. By the first plea it is alleged that the contested decision was unlawful, owing to the lack of competence of the author of the act and the infringement of Article 101 of the Financial Regulation (3). The applicant claims that no provision of Community law authorises the contracting authority to annul the award of a procurement contract after the signature of the contract with the successful tenderer. Moreover, it asserts that even if the defendant were competent to adopt the contested decision on the basis of Article 101 of the Financial Regulation, that provision does not authorise it to proceed to the partial annulment of the tender procedure.

3

By the second plea, the applicant asserts that the contested decision is vitiated by a failure to state reasons, in so far as it does not make it possible to understand the reasons which led the defendant to adopt such a measure, or the legal basis on which it is founded or the reason for which the tender procedure was partially annulled (that is, in respect of lot 2 only).

In addition to the annulment of the decision of 31 January 2007, the applicant claims compensation for all the damage it has suffered as a result of that decision.

---

(1)  Contract notice: ‘European Parliament web television channel ’(OJ 2006 S 87-091412).

1

(2)  Case T-383/06 Icuna.Com v Parliament, OJ 2007 C 20, p. 31.

2

Icuna.Com

Parliament

(3)  Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (OJ 2002 L 248, p. 1).

3

---