Judgment of the Court of First Instance of 26 February 2002 in Case T-169/00, Esedra SPRL v Commission of the European Communities (Public contract for the supply of services — Day nursery management services — Principle of non-discrimination — Contract notice — Contract documents — Reasons for decision not to award contract — Misuse of powers)
Date: 2002-06-29
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), child care, damages, equal treatment

C 156/18

EN

Official Journal of the European Communities

29.6.2002

2. Orders the Commission to pay the costs.

JUDGMENT OF THE COURT OF FIRST INSTANCE

(1) OJ C 6 of 8.1.2000 and C 211 of 22.7.2000.

of 26 February 2002

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 6 March 2002

in Joined Cases T-92/00 and T-103/00, Territorio Histo´ rico
de A´ lava — Diputacio´ n Foral de A´ lava and Others v
Commission of the European Communities (1)

(State aid — Concept of State aid — Tax measures —
Selective nature — Justification owing to the nature or
scheme of the tax system — Misuse of powers)

(2002/C 156/33)

(Language of the case: Spanish)

In Joined Cases T-92/00, Territorio Histo´ rico de A´ lava —
Diputacio´ n Foral de A´ lava, represented by A. Creus Carreras
and B. Uriarte Valiente,
lawyers, and T-103/00 Ramondı´n
SA, established in Logron˜ o (Spain), Ramondı´n Ca´psulas SA,
established in Laguardia (Spain), represented by J. Lazcano-
Iturburu, lawyer, against Commission of the European Com-
munities (Agents: F. Santaolalla, G. Rozet and G. Valero
Jordana) — application for the annulment of Commission
Decision 2000/795/EC of 22 December 1999 on the State aid
implemented by Spain for Ramondı´n SA and Ramondı´n
Ca´psulas SA (OJ 2000 L 318, p. 36) — the Court of First
Instance (Third Chamber, Extended Composition), composed
of J. Azizi, President of the Chamber, K. Lenaerts, V. Tiili,
R.M. Moura Ramos and M. Jaeger, Judges; J. Plingers, Adminis-
trator, for the Registrar, has given a judgment on 6 March
2002, in which it:

1. Dismisses the actions.

2. Orders the applicants to pay their own costs and also those

incurred by the Commission.

in Case T-169/00, Esedra SPRL v Commission of the
European Communities (1)

(Public contract for the supply of services — Day nursery
management services — Principle of non-discrimination —
Contract notice — Contract documents — Reasons for
decision not to award contract — Misuse of powers)

(2002/C 156/34)

(Language of the case: French)

In Case T-169/00: Esedra SPRL, established in Brussels
(Belgium), represented by G. Vandersanden, E. Gillet and
L. Levi, lawyers, with an address for service in Luxembourg,
against Commission of the European Communities (Agents:
initially by X. Lewis and L. Parpala, and, subsequently, H. van
Lier and L. Parpala) — application first, for the suspension of
operation of the Commission’s decision not to award to the
applicant the public contract relating to invitation to tender
No 99/52/IX.D.1, notified to the applicant by letter of 31 May
2000, and the Commission’s decision to award the contract to
a group of Italian companies represented by Centro Studi
Antonio Manieri Srl, notified to the applicant by letter of
9 June 2000, and, second, for compensation for the damage
allegedly caused by those decisions — the Court of First
Instance (Fifth Chamber), composed of P. Lindh, President of
the Chamber, R. Garcı´a-Valdecasas and J.D. Cooke, Judges;
B. Pastor, Administrator, for the Registrar, has given a judg-
ment on 26 February 2002, in which it:

1. Dismisses the application.

2. Orders the applicant to pay its own costs and those of the
Commission, including the costs incurred in the proceedings for
interim measures.

(1) OJ C 163 of 10.6.2000.

(1) OJ C 259 of 9.9.2000.