Case T-262/06 P: Appeal brought on 18 September 2006 by the Commission against the judgment of the Civil Service Tribunal delivered on 12 July 2006 in Case F-18/05, D v Commission
Date: 2006-12-02
Institutions: Court of First Instance
Subjects: European Commission, European official, action for annulment (EU), appeal, disability insurance, occupational disease, reassignment

2.12.2006

EN

Official Journal of the European Union

C 294/53

Appeal brought on 18 September 2006 by the Commis-
sion against the judgment of the Civil Service Tribunal
delivered on 12 July 2006 in Case F-18/05, D v Commis-
sion

to state reasons. It also submits that the Tribunal undermined
the principle of legal certainty.

(Case T-262/06 P)

(2006/C 294/109)

Language of the case: French

(1) Case T-376/02 O v Commission [2004] ECR-SC I-A-349 and II-

1595.

Action brought on 22 September 2006 — DC-HADLER
NETWORKS v Commission

Parties

Appellant: Commission of the European Communities

Other party to the proceedings: 'D'

(Case T-264/06)

(2006/C 294/110)

Language of the case: French

Form of order sought by the appellant

Parties

— annul the judgment of the Civil Service Tribunal of 12 July

2006 in Case F-18/05, D v Commission;

Applicant: DC-HADLER NETWORKS (Brussels, Belgium) (repre-
sented by: L. Muller, lawyer)

— refer the case back to the Civil Service Tribunal for it to

rule on the other pleas;

Defendant: Commission of the European Communities

— make an appropriate order as to the costs of the appeal,
alternatively, reserve the costs for appraisal by the Civil
Service Tribunal.

Form of order sought

Pleas in law and main arguments

By judgment of 12 July 2006, the annulment of which is
sought in this appeal, the Civil Service Tribunal set aside the
Commission's decision of 4 May 2004 turning down the
request for recognition that the disease from which the appli-
cant is suffering is occupational
in origin and ordered the
Commission to pay all of the costs.

In support of its application for annulment of that judgment,
the Commission submits a plea alleging infringement of Com-
munity law, in particular Article 48(2) of the Rules of Proce-
dure, in that the Tribunal treated as admissible an argument
concerning the infringement of res judicata which, according to
the Commission, was put forward by the applicant for the first
time in the reply at first instance. Furthermore, the Commission
submits that the Tribunal erred in law and/or misinterpreted
the matters of law put forward by the parties, in particular by
the
the Commission itself. As regards
substantive arguments,
the
Tribunal infringed Community law, in particular Article 73 of
the Staff Regulations of Officials of the European Communities
and the rules relating thereto, misconstrued the scope of the
judgment in Case T-376/02 (1) and failed to meet its obligation

the assessment of
the Commission maintains that

— Declare the application admissible and well founded;

— annul the contested measure.

Pleas in law and main arguments

The applicant in the present action took part in the invitation
to tender procedure in respect of the project Europe Aid/
122742/C/SUP/RE entitled ‘Social Integration of the Disabled in
Privolzhsky Federal Okrug — Supply of social integration and
rehabilitation-related equipment for the disabled and IT and
office equipment for the information network’, which is part of
the Tacis national action Programme 2003 (1). By letter of 20
June 2006,
its
tender had been successful for Lots 1, 2 and 4. However, on 14
July the Commission sent the applicant a letter informing it
that the contracting authority had decided to annul the tender
procedure and not to sign the contract with it on the basis that
there was insufficient competition. In the present action, the
applicant seeks the annulment of the decision contained in that
letter.

the Commission notified the applicant

that

The applicant puts forward two pleas in law in support of its
application.