Case T-203/06: Action brought on 1 August 2006 — Eurostrategies v Commission
Date: 2006-09-16
Institutions: Court of First Instance
Subjects: EU programme, European Commission, access to EU information, action for annulment (EU), area of freedom, security and justice, award of contract, technical cooperation

16.9.2006

EN

Official Journal of the European Union

C 224/51

Action brought on 1 August 2006 — Eurostrategies v
Commission

Parliament, Council and Commission documents. In support of
its application, the applicant puts forward two pleas in law.

(Case T-203/06)

(2006/C 224/106)

Language of the case: English

First, the applicant suggests that by refusing disclosure of the
requested documents without stating reasons for such refusal,
the Commission has infringed Article 8 of Regulation (EC) No
1049/2001.

Secondly, the applicant submits that the contested decision
infringes the duty to state reasons which is required by Article
235 EC and therefore, claims, it is invalid.

Parties

Applicant: Eurostrategies SPRL (Brussels, Belgium) (represented
by: S. Crosby, Solicitor)

Defendant: Commission of the European Communities

Form of order sought

— Annulment of Commission Decision of 28 July 2006
refusing access to the listed documents below concerning
the award procedure for project EuropeAid/113676/D/SV/
PL, entitled ‘Phare-Technical assistance for JHA projects,
2003/S 159-145155 (PL0103.08)’, financed by the Country
operational programme, PL0103-Justice and Home Affairs
2001:

Action brought on 3 August 2006 — Delta Protypos
Viomichania Galaktos v OHIM — Kraft Foods Schweiz
Holding (milko ∆ΕΛΤΑ)

(Case T-204/06)

(2006/C 224/107)

Language in which the application was lodged: English

— ‘Evaluation Report’ of

the Implementing Agency of

7 January 2004;

Parties

— all the documents relating to the proposal of the Imple-
menting Agency of 7 January 2004 to award the
contract to Eurostrategies;

— letter from the EC-Delegation in Warsaw to the Imple-

menting Agency of 13 January 2004;

— ‘Revised Evaluation Report’ of 15 January 2004;

— internal file note of the EC-Delegation in Warsaw sent

on 27 January 2004;

— EC-Delegation letter to the Implementing Agency of

27 January 2004;

— ‘Negotiation Report’ of 10 February 2004; and

— letter of the EC-Delegation to the Implementing Agency

of 12 February 2004;

— order the Commission to pay the applicant's costs.

Pleas in law and main arguments

The applicant, under Articles 230 and 231 EC, seeks annul-
ment of the European Commission's Decision of 28 July 2006
rejecting his request for access to certain documents under
Regulation (EC) No 1049/2001 on public access to European

Applicant: Delta Protypos Viomichania Galaktos AE (Tavros,
Greece) (represented by: P. Kanellopoulos, lawyer)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal: Kraft
Foods Schweiz Holding AG (Zürich, Switzerland)

Form of order sought

— Annul the contested decision rendered by the Second Board
of Appeal of the OHIM in its ruling No R0540/2005-2
dated June 8, 2006;

— dismiss the opposition No B 562 423 brought by Kraft
Foods Schweiz Holding AG against the registration of the
Community Trade mark ‘MILKO ∆EΛTA with design’ No
2 474 674;

— order that the Community Trade mark ‘MILKO ∆EΛTA with

design’ No 2 474 674 of the applicant be accepted;

— order the OHIM to pay the costs.