# C_2013304EN.01000601.xml

| 19.10.2013 | EN | Official Journal of the European Union | C 304/6 |
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19.10.2013

EN

Official Journal of the European Union

C 304/6

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Appeal brought on 5 August 2013 by Elitaliana SpA against the order of the General Court (Seventh Chamber) delivered on 4 June 2013 in Case T-213/12, Elitaliana v Eulex Kosovo

(Case C-439/13 P)

2013/C 304/11

Language of the procedure: Italian

Parties

Parties

Appellant: Elitaliana SpA (represented by: R. Colagrande, avvocato)

Appellant:

Other party to the procedure: Eulex Kosovo

Other party to the procedure:

Form of order sought

Form of order sought

| — | Set aside in its entirety the order [of the General Court (Seventh Chamber) of 4 June 2013 in Case T-213/12 Elitaliana v Eulex Kosovo;] |
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Set aside in its entirety the order [of the General Court (Seventh Chamber) of 4 June 2013 in Case T-213/12 Elitaliana v Eulex Kosovo;]

| — | Consequently, if the state of the proceedings so permits, issue a final decision upholding the application at first instance seeking (a) the annulment of the measures adopted by Eulex — the content and date of which are unknown to the applicant — which resulted in the award of the contract in the tendering procedure ‘EuropeAid/131516/D/SER/XK — Helicopter Support to the EULEX mission in Kosovo (PROC/272/11)’ to Starlite Aviation Operations, notified by Eulex by letter of 29 March 2012, and all preliminary, consequential and connected measures, in particular, if necessary, Note 2012-DAS-0392 of 17 April 2012, by which Eulex refused to grant the applicant access to the tendering documents requested on 2 April 2012; (b) an order directing Eulex to make good the loss suffered by applicant (by ordering specific performance or payment of a commensurate amount in compensation) as set out at paragraphs 37 et seq. of the application made to the General Court; (c) an order directing Eulex to pay the costs; |
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Consequently, if the state of the proceedings so permits, issue a final decision upholding the application at first instance seeking (a) the annulment of the measures adopted by Eulex — the content and date of which are unknown to the applicant — which resulted in the award of the contract in the tendering procedure ‘EuropeAid/131516/D/SER/XK — Helicopter Support to the EULEX mission in Kosovo (PROC/272/11)’ to Starlite Aviation Operations, notified by Eulex by letter of 29 March 2012, and all preliminary, consequential and connected measures, in particular, if necessary, Note 2012-DAS-0392 of 17 April 2012, by which Eulex refused to grant the applicant access to the tendering documents requested on 2 April 2012; (b) an order directing Eulex to make good the loss suffered by applicant (by ordering specific performance or payment of a commensurate amount in compensation) as set out at paragraphs 37 et seq. of the application made to the General Court; (c) an order directing Eulex to pay the costs;

| — | In the alternative, as a result of such annulment, if the state of the proceedings so permits, refer the case back to the General Court for judgment. |
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In the alternative, as a result of such annulment, if the state of the proceedings so permits, refer the case back to the General Court for judgment.

Pleas in law and main arguments

Pleas in law and main arguments

The General Court erred in law by failing to find that Eulex is a body of the European Union for the purposes of Article 263 TFEU and by equating Eulex to the delegations. Further, the General Court should have recognised the existence of an excusable error on the substance.

Those errors of law resulted in an infringement of the principle of effective judicial protection which is essential to ensure the full protection of the rights of the defence and, by corollary, the more general principle of equality.

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