Case T-331/06: Action brought on 24 November 2006 — Evropaïki Dynamiki v EEA
Date: 2006-12-30
Institutions: Court of First Instance
Subjects: European Environment Agency, action for annulment (EU), award of contract, computer systems, consultancy, invitation to tender, provision of services

30.12.2006

EN

Official Journal of the European Union

C 326/77

Pleas in law and main arguments

Community trade mark concerned: The word mark ‘BLUE SOFT’ for
goods in Class 9 (application No 3 007 846)

Decision of the Examiner: Refusal of the application

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: There is no absolute ground for refusal and there-
fore the mark for which registration is sought is capable of
being protected. The sign as a whole is not purely descriptive
and distinctive character is also present.

the applicant claims that

the EEA committed
Furthermore,
several manifest errors of assessment which resulted in the rejec-
tion of its bid.

The applicant requests that the decision of the EEA to reject its
to three other participants be
bid and award the contract
annulled and that the defendant is ordered by the Court to pay
all legal expenses related to the present proceedings even if the
application is rejected.

Action brought on 29 November 2006 — Alcoa Trasforma-
zioni v Commission

Action brought on 24 November 2006 — Evropaïki Dyna-
miki v EEA

(Case T-331/06)

(2006/C 326/157)

Language of the case: English

Parties

(Case T-332/06)

(2006/C 326/158)

Language of the case: English

Parties

Applicant: Evropaïki Dynamiki — Proigmena Systimata Tilepi-
koinonion Pliroforikis kai Tilematikis AE (Athens, Greece)
(represented by: N. Korogiannakis and N. Keramidas, lawyers)

Defendant: European Environment Agency

Form of order sought

— Annul the decision of the EEA to evaluate the applicant's bid
as not successful and award the contract to the successful
contractor;

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

Pleas in law and main arguments

In support of its claims the applicant argues that in the decision
taken in the framework of the tendering procedure EEA/IDS/06/
002 for the ‘Provision of IT consultancy services’ (OJ 2006 S
118-125101) communicated to the applicant by letter dated 14
September 2006 the European Environmental Agency (‘EEA’)
failed to comply with its obligations foreseen in the Imple-
menting rules and Directive 2004/18/EC as well as the principle
of transparency by not disclosing to the participants in advance
the sub-criteria which were subsequently
the weighting of
applied during the selection procedure.

Applicant: Alcoa Trasformazioni Srl (Portoscuso, Italy), (repre-
sented by: M. Siragusa, T. Müller-Ibord, F. M. Salerno and T.
Graf, lawyers)

Defendant: Commission of the European Communities

Form of order sought

— To annul the Commission Decision of 19 July 2006 (1), in
so far as it relates to the applicant and the electricity tariffs
payable by the applicant at Portovesme and Fusina or, in the
alternative, to annul the decision to the extent that it treats
these tariffs as unlawful new aid;

— to order the Commission to bear the costs of the present

proceedings.

Pleas in law and main arguments

The application at stake is made pursuant to Article 230 EC for
the annulment of Commission Decision of 19 July 2006 (here-
inafter ‘the 2006 Decision’), which qualified electricity tariffs
applicable to the applicant's aluminium plants located in Porto-
vesme in Sardinia and Fusina in the Veneto region as unlawful
new aid and initiated formal proceedings against these tariffs
pursuant to Article 88(2)EC.

The applicant submits that the 2006 decision is erroneous and
unlawful in that it departs from the Commission's own previous
decision holding that the tariffs in question do not constitute
state aid and disregards the procedure that the Commission
should follow in such a case. More specifically, the applicant
raises three pleas in law: