Case T-333/03: Action brought on 30 September 2003 by Masdar (U.K.) Ltd against Commission of the European Communities
Date: 2003-11-29
Institutions: Court of First Instance
Subjects: EU programme, Moldova, Russia, payment, provision of services, right of action

C 289/32

EN

Official Journal of the European Union

29.11.2003

The applicant claims, first, that the successful tenderer received
favourable financial treatment, to the detriment of the other
tenderers. The applicant also alleges that the successful tenderer
had privileged access to essential information. The applicant
alleges in particular that the other tenderers did not have
access to certain essential technical information on the current
status of the database for the CORDIS project.

The applicant also submits that the criteria used in the award
of the tender do not conform to those laid down in the
contract documents and that the Commission applied in a
discriminatory manner the criteria published in the contract
documents for the selection of the tender giving the best
quality/price ratio.

Pleas in law and main arguments

According to the applicant, its claim arises out of two TACIS
contracts between the Commission and a contractor regarding
two projects in Moldova and Russia. The contractor subcon-
tracted with the applicant to provide some of the services.
When the applicant discovered what it considered to be
irregularities on the part of the contractor, it informed the
Commission Services. On the understanding that it would be
paid for the services rendered, the applicant carried out the
services necessary for completion of the projects covered
by the contracts. Subsequently, the Commission ceased all
payments to the contractor and issued recovery orders for
amounts already paid to the contractor.

Action brought on 30 September 2003 by Masdar (U.K.)
Ltd against Commission of the European Communities

(Case T-333/03)

(2003/C 289/66)

(Language of the case: English)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 30 September 2003 by Masdar
(U.K.) Ltd, Eversley, Hampshire, (United Kingdom), represented
by Philip Bentley QC and Patrick Green, Barrister.

The applicant claims that the Court should:

— order the Commission to pay to the applicant:

i)

ii)

iii)

the sum of EUR 448 947,78

interest on the said sum as at 31 July 2003 in the
amount of £ 98 121,24 plus interest from 1 August
2003 until the date of judgment

compensation for material damage, loss of profits
and non-material damage
in an amount of
£ 1 532 931,09;

— order the Commission to pay the costs of the present

proceedings.

The applicant claims that the Commission’s failure to pay the
sum of EUR 448 947,78 is wrongful and has caused the
applicant additional loss. The applicant argues that the Com-
mission has had the benefit of the services provided by the
applicant but has not paid anyone for such services. The
applicant claims that the Commission is obliged to pay the
applicant for the services provided on the basis of the principles
of unjust enrichment, gestion d’affaires, legitimate expectation
and general principles of
the
fault
applicant claims interest and damages for loss consequential
upon the Commission’s alleged illegal
failure to pay the
applicant for the services.

In addition,

liability.

Action brought on 29 September 2003 by Deutsche Post
EURO EXPRESS GmbH against the Office for Harmonis-
ation in the Internal Market (Trade Marks and Designs)

(Case T-334/03)

(2003/C 289/67)

(Language of the case: German)

An action against the Office for Harmonisation in the Internal
Market (Trade Marks and Designs) was brought before the
Court of First Instance of the European Communities on
29 September 2003 by Deutsche Post EURO EXPRESS GmbH,
represented by Gabriele Lindhofer.