Case T -383/05 R: Order of the Court of First Instance of  11 January 2006  — GHK Consulting v Commission
Date: 2006-02-25
Institutions: Court of First Instance
Subjects: EU aid, European Commission, United Kingdom, action for annulment (EU), award of contract, contract, foreign policy, invitation to tender, technical cooperation

C 48/44

EN

Official Journal of the European Union

25.2.2006

— grant any other relief that the Court considers appropriate

in the circumstances; and, in any event;

— order the Commission to pay Equant's legal costs and other
fees and expenses incurred in connection with this applica-
tion.

The applicant further submits that the Commission breached
the principle of transparency by relying on an unsupported
interpretation of its tendering specifications and that it brea-
ched Regulation 2342/2002 as well as the principles of
equality, proportionality and good administration by failing to
ask for clarifications or apply less restrictive remedies. The
applicant finally alleges that the Commission also violated the
principle of legitimate expectations as well as the rights of
defence and the duty to state reasons for its decisions.

Pleas in law and main arguments

applicant,

in conjunction with another

for Telematics between administrations

The
company,
submitted an offer to the Commission in the context of a
procurement procedure relevant to the Commission's contract
notice No. 2004/S 137-116821 ‘Lot 1 — Secured Trans Euro-
pean Services
(s-
TESTA)’. By letter dated 3 November 2005 the Commission
informed the applicant that its joint offer had been selected for
the award of the contract. However, by letter dated 6 December
2005 the Commission informed the applicant
it had
decided to suspend the signing of the contract, awaiting further
letter, dated 27
the offers. By a further
examination of
December 2005, the Commission informed the applicant that
it had decided to reject
the applicant's joint offer on the
grounds that it did not conform to the tendering specifications
and to award the contract to another tenderer.

that

Order of the Court of First Instance of 9 December 2005
— Raymond Claudel v Court of Auditors

(Case T -338/05) (1)

(2006/C 48/82)

Language of the case: French

The President of the Third Chamber has ordered that the case
be removed from the register.

(1) OJ C 296 of 26.11.2005.

In support of its application to annul the above decisions, the
applicant first of all disputes in detail the Commission's findings
its offer, more particularly its
that certain components of
waiver of one-off installation charges for an initial two-year
period, the inclusion of a five-year discount period in preparing
prices and its volume discount on the monthly charges for
turnkey access points, were contrary to the specifications. The
applicant's position is that in identifying an alleged incompat-
ibility the Commission committed a manifest error of assess-
ment and that the contested decisions are unlawful.

Order of the Court of First Instance of 11 January 2006 —
GHK Consulting v Commission

(Case T -383/05 R)

(2006/C 48/83)

Language of the case: French

The President of the Court of First Justice has ordered that the
case be removed from the register.