Case T-202/02: Action brought on 3 July 2002 by the joint venture Makedoniko Metro, Mikhaniki A.E. and Others against the Commission of the European Communities
Date: 2002-11-09
Institutions: Court of First Instance
Subjects: action for annulment (EU), damage, entrepreneur, equal treatment, underground railway, urban construction, works contract

9.11.2002

EN

Official Journal of the European Communities

C 274/25

COURT OF FIRST INSTANCE

Action brought on 3 July 2002 by the joint venture
Makedoniko Metro, Mikhaniki A.E. and Others against
the Commission of the European Communities

(c)

order the European Commission to send a letter to all its
departments in order to restore the name and reputation
of Mikhaniki A.E. and its chairman Prodromos Emfietzog-
los, and to lodge with the Court of Justice and to
communicate to the applicant the minutes of the meet-
ings of 7 April 1998 and 27 August 1988 and the
decisions which were adopted at those meetings, together
with the originals of the letters of Mr Mogg, Mr Monti
and the President, Mr Prodi;

(d) order the European Commission and its official organs to
pay all the legal costs and all the expenditure relating to
conduct of the proceedings;

(e)

the applicant proposes as witnesses:

(i)

the European Ombudsman Jacob Söderman,

(ii)

the European Ombudsman’s assistants I. Harden and
O. Verheecke,

(iii)

the Chairman of Mikhaniki A.E., Prodromos Emfiet-
zoglos and

(iv) whomever may be considered necessary after the
documents sought have been lodged by the Euro-
pean Commission.

Pleas in law and main arguments

The applicant submits that
the decisions by which the
European Commission resolved to take no further action on
the applicant’s complaints that the competent Greek auth-
orities unlawfully failed to entrust the construction of the
Thessaloniki Metro to it are unlawful.

In its submission, those decisions are the cause of the harm
which it has suffered and infringe Community legislation on
public works. Furthermore, they infringe the principle that
equal conditions of competition are to be ensured,
the
prohibition of discrimination and the principle of equal
treatment, the principle of proportionality, the requirement to
state reasons and the principle of good administration. By the
decisions, the Commission infringed the right to a hearing and
to assistance and misused its powers.

(Case T-202/02)

(2002/C 274/45)

(Language of the Case: Greek)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 3 July 2002 by the joint venture
Makedoniko Metro, Mikhaniki A.E. and Others, established in
Thessaloniki, Greece, represented by Christos Gkonis, of the
Athens Bar, with an address for service in Luxembourg.

The applicant claims that the Court should:

(a)

allow the action in its entirety;

(b) order the European Commission and its official organs
against whom the action is directed as set out in the
initial section ‘Individual allocation of responsibility of
organs of the European Union’ jointly and severally to
pay:

(i)

(ii)

to Mikhaniki A.E. EUR 23 578 050 with interest at
the rate of 8 % from 29 November 1996, or
otherwise from 27 August 1998, EUR 224 654 and
EUR 60 000 000 with interest for late payment at
the rate of 8 % from the lodging of the action;

to Prodromos Emfietzoglos, Chairman of Mikhaniki
A.E., EUR 15 000 000 with interest for late payment
at the rate of 8 % from the lodging of the action as
compensation for non-material harm;

(iii)

to Mikhaniki A.E. EUR 1 025 839 588 in respect of
future loss with interest at the rate of 8 % from the
lodging of the present action;

(iv)

to the joint venture Makedoniko Metro, for the
benefit of ABB Daimler-Benz Transportation
(Deutschland) GmbH (Adtranz), at a proportion of
20 %, and Belgian Transport and Urban Infrastruc-
ture Consult (Transurb Consult), at a proportion of
0,35 %, a total of EUR 110 754 352;