Case T-302/04: Action brought on 26 July 2004 by Maison de l'Europe Avignon Méditerranée against the Commission of the European Communities
Date: 2004-10-23
Institutions: Court of First Instance
Subjects: EC action to establish liability, European Commission, contractual liability, dissemination of EU information, information centre, payment

C 262/40

EN

Official Journal of the European Union

23.10.2004

The applicants contend that the negotiations between CB and
EB on the processing of securities transactions in respect of
German registered shares lasted, not for close on two years, but
for nine months at most. The reasons for the length of this
period, they argue, lay with EB and not with CB. At no point
did CB have an interest in, let alone the intention of, denying
to EB services which it provides for other clients.

The applicants submit further that the fact could not be over-
looked during negotiations that the processing of securities
transactions in respect of German registered shares had no
significance whatever for the exchange of services between CB
and EB. In their calculation of prices the applicants followed
the principle that comparable clients should be given equal
treatment. EB, they submit, is not comparable to the group of
clients which the Commission has used as the basis for its
charge of discrimination.

The applicants also contend that
the Commission never
claimed that Clearstream International S.A. Luxembourg (‘CL’)
was an undertaking with a dominant market position. For that
reason alone it could not have abused any dominant market
position. Furthermore, the objectively relevant market was inac-
curately defined in the decision. The applicants take the view
that
the distinction drawn by the Commission between
‘primary’ and ‘secondary’ processing services cannot be based
on objective grounds and is even contradictory. There is, they
argue, only one single objectively relevant market for clearing
and settlement. CB does not have a dominant position on this
objectively relevant market
for all clearing and settlement
services. Neither CB nor CI is thus a party to which the rule in
Article 82 EC can be addressed. The decision must be quashed
in any event on grounds of erroneous market definition and —
consequently — of the absence of market domination.

Action brought on 26 July 2004 by Maison de l'Europe
the
Avignon Méditerranée against

the Commission of

European Communities

(Case T-302/04)

(2004/C 262/76)

(Language of the case: French)

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 26 July 2004 by Maison de l'Europe
Avignon Méditerranée, established in Avignon (France), repre-
sented by François Martineau, lawyer.

The applicant claims that the Court should:

— order the Commission to pay the entirety of the recoverable
fixed in the sum of

the amount of which is

costs
EUR 10 000.

Pleas in law and main arguments:

According to the applicant, the Commission had since 1996
informally allowed the applicant
to set up an Info Point
Europe. In 2000, the applicant entered into an agreement with
the Commission for the creation of an Info Point Europe, in
the applicant's view thereby formalising the situation. In 2004,
the agreement was terminated by the Commission.

By this action, the applicant seeks to have the Commission
held contractually liable in order to obtain payment for the
supplies rendered by the applicant since 1996 in the context of
its task as a European information centre for the Commission.

According to the applicant, the Commission has breached its
contractual obligations and is
late
payment, for services rendered during the festival of Avignon
and for the cost of running a European documentation centre
since 1996.

liable for

interest

for

Action brought on 29 July 2004 by European Dynamics
SA against the Commission of the European Communities

(Case T-303/04)

(2004/C 262/77)

(Language of the case: English)

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 29 July 2004 by European
Dynamics SA, Athens, Greece, represented by Mr S. Pappas,
lawyer.

The applicant claims that the Court should:

— annul

the Commission's Contract Notice 2003/S249-

221337 ESP-DIMA;

— annul the Commission's call

for tenderers PO/2003/192

(ESP-DIMA);

— annul the Commission's Decision of 4 June 2004 ranking
the offer of European Dynamic's consortium only second
after the first successful tenderer;

— annul the Commission's Decision of 14 July 2004 rejecting
the applicant's appeals against the award of the tender;

— order the Commission to pay the sum of EUR 394 066.76
in respect of its failure to perform its financial obligations
to the Maison de l'Europe Avignon Méditerranée;

— order the Commission to pay European Dynamic's legal
and other fees and expenses incurred in connexion with
this application.