Case T-195/05: Judgment of the Court of First Instance of 18 April 2007 — Deloitte Business Advisory v Commission (Public service contracts — Call for tenders for programme evaluation activities and other activities in the public health sector — Rejection of a tender — Conflict of interest)
Date: 2007-04-28
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), award of contract, consortium, public health

C 96/34

EN

Official Journal of the European Union

28.4.2007

Operative part of the judgment

Re:

The Court:

1. annuls the decision of

the applicant's superior of 27 February
2004 refusing to sign his application to carry over annual leave
from 2003 to 2004, in so far as it refuses to grant the carrying
over, in addition to the 12 days which may be carried over as of
right, of eight days of annual leave referred to by the director of
resources of the Joint Research Centre in an email of 11 February
2003;

2. orders the Commission to pay the applicant a sum corresponding to
eight thirtieths of his monthly remuneration at the time of leaving
the service, together with default interest as from 13 September
2004. The rate of default interest to be applied is to be calculated
on the basis of the European Central Bank's rate for its main refi-
nancing operations, in force during the period concerned, plus two
percentage points;

Application for annulment, firstly, of the Commission's decision
rejecting the tender from Euphet for the public procurement
contract ‘Evaluation Framework Contract covering the policy
areas
and
Directorate-General
Consumer Protection], Lot 1 (Public Health) — call for tenders
SANCO/2004/01/041’ and, secondly, of the Commission's deci-
sion awarding that contract to a third party

Health

[the

for

of

Operative part of the judgment

The Court:

1. Dismisses the action.

2. Orders the applicant, Deloitte Business Advisory NV, to pay the

costs, including those of the application for interim measures.

3. dismisses the action as to the remainder;

(1) OJ C 193, 6.8.2005.

4. orders the Commission to bear its own costs and to pay the costs

incurred by the applicant.

(1) OJ C 300, 4.12.2004.

Order of the Court of First Instance of 19 March 2007 —
the European
Tokai Europe GmbH v Commission of

Communities

(Case T-183/04) (1)

Judgment of the Court of First Instance of 18 April 2007
— Deloitte Business Advisory v Commission

(Action for annulment — Common Customs Tariff — Classi-
fication in the Combined Nomenclature — Person not indivi-
dually concerned — Inadmissibility)

(Case T-195/05) (1)

(Public service contracts — Call for tenders for programme
evaluation activities and other activities in the public health
sector — Rejection of a tender — Conflict of interest)

(2007/C 96/71)

Language of the case: German

(2007/C 96/70)

Language of the case: Dutch

Parties

Parties

Applicant: Tokai Europe GmbH (Mönchengladbach, Germany)
(represented by: H. Kroemer, lawyer)

Defendant: Commission of the European Communities (repre-
sented by: X. Lewis and B. Schima, acting as Agents)

Applicant: Deloitte Business Advisory NV (Brussels, Belgium)
(represented by: D. Van Heuven, S. Ronse and S. Logie, lawyers)

Re:

Defendant: Commission of the European Communities (repre-
sented by: L. Pignataro-Nolin and E. Manhaeve, acting as
Agents)

Action for
annulment of Commission Regulation (EC)
No 384/2004 of 1 March 2004 concerning the classification of
certain goods in the Combined Nomenclature (OJ 2004 L 64,
p. 21)