# C_2011072EN.01000301.xml

| 5.3.2011 | EN | Official Journal of the European Union | C 72/3 |
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5.3.2011

EN

Official Journal of the European Union

C 72/3

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Appeal brought on 26 November 2010 by Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE against the judgment of the General Court (Fifth Chamber) delivered on 9 September 2010 in Case T-300/07: Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE v European Commission

(Case C-560/10 P)

2011/C 72/04

Language of the case: English

Parties

Parties

Appellant: Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE (represented by: N. Korogiannakis, M. Dermitzakis, Attorneys at Law)

Appellant:

Other party to the proceedings: European Commission

Other party to the proceedings:

Form of order sought

Form of order sought

The appellant claims that the Court should:

| — | set aside the decision of the General Court; |
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set aside the decision of the General Court;

| — | annul the decision of the Commission (DG ENTR) to reject the bid of the Appellant in Lot 1, filed in response to the Call for Tender ENTR/05/078 — YOUR EUROPE Lot 1 (Editorial Work and Translations) for ‘Your Europe Portal Management and Maintenance’ (OJ 2006/S 143-153057) and to award the same Call for Tender to another bidder; |
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annul the decision of the Commission (DG ENTR) to reject the bid of the Appellant in Lot 1, filed in response to the Call for Tender ENTR/05/078 — YOUR EUROPE Lot 1 (Editorial Work and Translations) for ‘Your Europe Portal Management and Maintenance’ (OJ 2006/S 143-153057) and to award the same Call for Tender to another bidder;

| — | refer the case to the General Court in order that the latter examines the remaining issues in both Lots, including the request for Damages, not examined yet by the General Court; |
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refer the case to the General Court in order that the latter examines the remaining issues in both Lots, including the request for Damages, not examined yet by the General Court;

| — | order the Commission to pay the Appellant's legal and other costs including those incurred in connection with the initial procedure, even if the current Appeal is rejected as well as those of the current Appeal, in case it is accepted. |
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order the Commission to pay the Appellant's legal and other costs including those incurred in connection with the initial procedure, even if the current Appeal is rejected as well as those of the current Appeal, in case it is accepted.

Pleas in law and main arguments

Pleas in law and main arguments

The Appellant submits that in the contested Judgment the General Court erred in law and wrongly interpreted article 100 (2) of the Financial Regulation (1) and Article 149 of the Implementing Rules by accepting that, since the Appellant's tender did not reach the 70 % threshold, the Commission rightfully did not communicate to the Appellant the relative merits of the winning tenderer. Furthermore the Appellant maintains that the Judgment is insufficiently motivated since the General Court failed to examine thoroughly and individually the plea concerning the infringement of the principle of transparency and equal treatment.

1

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

1

OJ L 248, p. 1

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