Case T-108/05: Action brought on 22 February 2005 by Suzy Frederic-Leemans against the European Economic and Social Committee
Date: 2005-05-14
Institutions: Court of First Instance
Subjects: European Economic and Social Committee, European official, action by staff, pension scheme, retired person

C 115/30

EN

Official Journal of the European Union

14.5.2005

The applicant claims that the Court should:

— annul the Commission's decision not to short-list the appli-
filed in response to the International
cant's application,
Restricted Tender EuropeAid/117579/C/SV/TR for
the
‘Technical Assistance to improve the Information and
Communication Technology System in the State Institute of
Statistics of Turkey — Upgrading the Statistical System of
Turkey’ (1) and to short-list other candidates;

— annul the decision to reject the applicant's request to review
its decision communicated to the applicant by the Commis-
sion's letter dated 13 December 2004;

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

Pleas in law and main arguments

The applicant company filed an application in response to the
International Restricted Tender EuropeAid/
Commission's
117579/C/SV/TR for the ‘Technical Assistance to improve the
Information and Communication Technology System in the
State Institute of Statistics of Turkey — Upgrading the Statis-
tical System of Turkey’. By the contested decision the appli-
cant's application was not short-listed.

In support of its application to annul the contested decision the
the defendant violated Regulation
applicant contends that
the Financial Regulation (2) and the regulation
1488/1996,
applying it, as well as Directive 92/50 (3) by using evaluation
criteria, that were not well specified in the call for tenders.
According to the applicant,
if the Commission intended to
proceed to a comparative analysis of the candidates' capacities,
as it appears to have done, then it should have noted so in the
call for tenders.

The applicant also claims that the defendant committed mani-
fest errors of appreciation in the evaluation of the bid it had
submitted. The applicant contests the Commission's assessment
of its technical capacity.

The applicant finally submits that the Commission failed to
provide adequate reasons for its decision, in violation of Article
253 EC.

(1) OJ 2004/S 187-158886.
(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 22 February 2005 by François Muller
against the Court of Auditors of the European Commu-
nities

(Case T-107/05)

(2005/C 115/54)

(Language of the case: French)

the Court of Auditors of

An action against
the European
Communities was brought before the Court of First Instance of
the European Communities on 22 February 2005 by François
Muller, residing in Strasbourg (France), represented by Georges
Vandersanden, Laure Levi and Aurore Finchelstein, lawyers.

The applicant claims that the Court should:

1. annul the applicant's pension statement of May 2004, with
the effect of applying a correction coefficient at the level for
the capital of his country of residence or, at the very least, a
correction coefficient which would adequately reflect the
differences in the cost of living at the place where the appli-
cant
and therefore
expenditure
complying with the principle of equivalence;

is deemed to incur

2. order the Court of Auditors to pay all the costs.

Pleas in law and main arguments

In support of his action, the applicant puts forward pleas and
arguments identical to those put forward by the applicants in
Case T-35/05.

Action brought on 22 February 2005 by Suzy Frederic-
the European Economic and Social
Leemans against

Committee

(Case T-108/05)

(2005/C 115/55)

(Language of the case: French)

the European Economic

An action against
and Social
Committee was brought before the Court of First Instance of
the European Communities on 22 February 2005 by Suzy
Frederic-Leemans, residing in Lahas (France), represented by
G. Vandersanden, L. Levi and A. Finchelstein, lawyers.

14.5.2005

EN

Official Journal of the European Union

C 115/31

The applicant claims that the Court should:

Pleas in law and main arguments

1. annul the applicant's May 2004 pension statement, so as to
apply a correction coefficient at the level of the capital of
her country of residence or, at least, a correction coefficient
which appropriately reflects the differences in the costs of
living in the place where the applicant is deemed to incur
her expenditure and therefore complying with the principle
of equivalence;

2. order the European Economic and Social Committee to pay

all the costs.

Pleas in law and main arguments

The pleas in law and arguments relied upon in this case are
similar to those invoked in Case T-35/05 Elisabeth Agne-Dapper
and Others v Commission.

Action brought on 4 March 2005 by the Italian Republic
against the Commission of the European Communities

(Case T-110/05)

(2005/C 115/56)

(Language of the case: Italian)

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 4 March 2005 by the Italian
Republic, represented by Giacomo Aiello, Avvocato dello Stato.

Instance of

The Government of the Italian Republic has challenged before
the Court of First
the European Communities
Commission Regulation (EC) No 2102/2004 of 9 December
2004 on certain exceptional market support measures for eggs
in Italy, (1) insofar as it does not lay down exceptional measures
to support the market in poultrymeat within the meaning of
Article 14 of Regulation (EEC) No 2777/75 (2) with regard to
chicks destroyed owing to the fact that breeding is impossible
in areas affected by avian influenza and subject to veterinary
restrictions on circulation.

In support of its claims, the Italian Republic has pleaded:

1.

infringement of the principle of non-discrimination between
producers within the Community laid down in the second
paragraph of Article 34(2) EC since, exceptional market
support measures having been granted to Italy only in
respect of eggs, similar measures in respect of poultrymeat
were refused, resulting in discrimination against Italian bird
producers in relation to those in the Netherlands,
thus
infringing Article 34(2) of the EC Treaty;

2. misuse of powers and manifest error of assessment by the
Commission which, by refusing to adopt the exceptional
market support measures also in respect of one-day-old
chicks destroyed owing to the fact that they cannot breed,
exceeded the powers conferred on it by the basic regulation
on the common organisation of the market in poultrymeat
and committed an error in assessing the situation on the
Italian bird market and the data on the production structure
at its disposal;

3.

infringement and incorrect interpretation of Article 14 of
Regulation No 2777/75, since the Commission's unjustified
refusal to grant the exceptional market support measures in
respect of one-day-old chicks destroyed owing to the fact
that breeding is impossible is the result of misinterpretation
of Article 14 of Regulation No 2777/75.

The applicant claims that the Court should:

Finally, the applicant pleads infringement of the obligation to
give reasons for measures.

1. annul Commission Regulation (EC) No 2102/2004, insofar
as it does not lay down exceptional measures to support the
market in poultrymeat within the meaning of Article 14 of
Regulation (EEC) No 2777/75 with regard to chicks
destroyed owing to the fact that breeding is impossible in
areas affected by avian influenza and subject to veterinary
restrictions on circulation;

2. order the Commission to pay the costs.

(1) OJ L 365 of 10.12.2004, p. 10.
(2) OJ L 282 of 01.11.1975, p. 77.