Case T-59/05: Action brought on 2 February 2005 by European Dynamics S.A. against the Commission of the European Communities
Date: 2005-04-30
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), award of contract, invitation to tender, services contract, software

C 106/30

EN

Official Journal of the European Union

30.4.2005

According to the applicants, the contested decision does not
specify the species and habitats for which the sites listed are of
Community importance and is based on erroneous technical
information. It would appear that the areas in question were
listed on the basis of the presence of the great crested newt and
of calaminarian grasslands. The applicants argue that
the
former is not an priority species and the latter is not a priority
habitat and that, therefore, they do not know to which priority
natural habitat type or species the contested decision refers.

(1) OJ L 387 p. 1
(2) Council Directive 92/43/EEC of 21 May 1992 on the conservation
of natural habitats and of wild fauna and flora (OJ L 206,
22.7.1992, p. 7).

Action brought on 2 February 2005 by European
Dynamics S.A. against the Commission of the European
Communities

(Case T-59/05)

(2005/C 106/63)

(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 2 February 2005 by European
Dynamics S.A., established in Athens (Greece), represented by
N. Korogiannakis, lawyer.

The applicant claims that the Court should:

— annul the decision of the Commission (DG Agriculture), to
evaluate the applicant's bid as not successful and award the
contract to the successful contractor;

— order the Commission to pay the applicant's legal costs and
other costs and expenses incurred in connection with the
application, even if the application is rejected.

Pleas in law and main arguments

The applicant company filed a bid in response to the Commis-
sion's call for tenders AGRI-2004-S4FA-I3-01 for the provision
of information system development, maintenance and support
services
Information
Systems (1). By the contested decision this bid was rejected and
the contract awarded to another bidder.

the DG Agriculture

Financial

for

In support of its application for annulment of that decision the
applicant claims first of all the Commission violated the Finan-
cial Regulation (2) as well as Article 17(1) of Directive 92/50 (3)
by using evaluation criteria that were extremely vague. The
applicant
in
response to the applicant's questions, to explain in a clear and
objective manner what precisely was requested of the tenderers.

the Commission failed,

further contends that

that

further

applicant

The
the Commission
considers
committed manifest errors of appreciation in its evaluation of
the applicant's tender. In this respect the applicant contends
that the Evaluation Committee did not correctly evaluate the
offers, failing to take into account that contrary to the applicant
both members of
the successful consortium had extremely
limited experience. The applicant also maintains that its own
bid was more advantageous.

The applicant also invokes a violation, by the Commission, of
its obligation, under Article 253 EC, to state reasons and a
failure to provide pertinent information requested by the appli-
cant on the grounds for the rejection of its bid. The applicant
also submits that the Commission violated the principle of
good administration and diligence by acting with significant
delay and by not offering adequate answers to the applicant's
requests for information prior to the submission of the bids.

(1) OJ 2004 S 59-050031.
(2) Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002
on the Financial Regulation applicable to the general budget of the
European Communities, OJ L 248, 16/09/2002, p. 1.

(3) Council Directive 92/50/EEC of 18 June 1992 relating to the coor-
dination of procedures for the award of public service contracts, OJ
L 209, 24/07/1992, p. 1.

Action brought on 10 February 2005 by Cornelius Roze-
meijer and others against the Council of the European
Union

(Case T-61/05)

(2005/C 106/64)

(Language of the case: French)

An action against the Council of the European Union was
brought before the Court of First Instance of the European
Communities on 10 February 2005 by Cornelius Rozemeijer,
residing in Alkmaar (Netherlands), Gaston Vaesken, residing in
Sanary-sur-Mer
residing in
Sanary-sur-Mer (France), represented by G. Vandersanden, L.
Levi and A. Finchelstein, lawyers.

(France) and Pierrette Vaesken,