Case T-89/07: Action brought on 23 March 2007 — VIP Car Solutions v Parliament
Date: 2007-05-26
Institutions: Court of First Instance
Subjects: European Parliament, action for annulment (EU), award of contract, competition law, invitation to tender, transport company

26.5.2007

EN

Official Journal of the European Union

C 117/29

Action brought on 23 March 2007 — VIP Car Solutions v
Parliament

within the scope of the Article and, consequently, the refusal to
disclose it to the applicant is improper.

(Case T-89/07)

(2007/C 117/45)

Language of the case: French

(1) Contract notice ‘Chauffeur-driven car and minibus

service for
Members of the European Parliament during part sessions in Stras-
bourg’, OJ 2006 S 177-187988.

(2) Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002
on the Financial Regulation applicable to the general budget of the
European Communities.

Parties

Applicant: VIP Car Solutions (Hoenheim, France) (represented by
G. Welzer, lawyer)

Defendant: European Parliament

Form of order sought

The Court is asked to:

Appeal brought on 26 March 2007 by the Kingdom of
Belgium against the judgment of the Civil Service Tribunal
delivered on 16 March 2007 in Case F-92/05, Genette v
Commission

(Case T-90/07 P)

(2007/C 117/46)

Language of the case: French

— annul the decision of the European Parliament not to award
the contract PE/2006/06/UTD/1 — transport for Members
of the European Parliament during sessions in Strasbourg,
notified on 24 January 2007;

Parties

— annul all subsequent acts;

— order the Parliament to pay the sum of EUR 500 000 as

damages;

— order the Parliament to pay the costs of the legal proceed-

ings;

— order the Parliament to pay one-off costs amounting to

EUR 5 000

Pleas in law and main arguments

The applicant challenges the decision of the European Parlia-
ment
procedure
tender
PE/2006/06/UTD/1 — transport for Members of the European
Parliament during sessions in Strasbourg (1).

rejecting

tender

its

in

In support of its action, the applicant relies, first, on an infringe-
ment of the award criteria contained in the call for tenders,
particularly, concerning price inasmuch as it claims to have
offered the lowest price and that
that criteria should have
accounted for 55 % in the award of the contract.

Moreover, the applicant asserts that the contested decision brea-
ched Article 100 of the Financial Regulation (2), under which
certain details need not be disclosed where disclosure would
harm the legitimate business interests of private undertakings or
could distort
fair competition between those undertakings.
According to the applicant, the information which it requested,
namely the price offered by the successful tenderer, does not fall

Appellant:
L. Van den Broeck, Agent)

Kingdom

of

Belgium

(represented

by

Other parties to the proceedings: Emmanuel Genette, Commission
of the European Communities

Form of order sought by the appellant

— annul

the judgment of
16 January 2007 in Case F-92/05

the Civil Service Tribunal of

Pleas in law and main arguments

By judgment of 16 January 2007 in Case F-92/05 Genette v
Commission, the Civil Service Tribunal upheld the action brought
by Mr Genette concerning the annulment of the decision of the
Commission of 25 January 2005 refusing, first, to authorise
him to withdraw his application for the transfer of his pension
rights acquired under Belgian pension schemes, brought
in
2001 and, second, to authorise him to ask for a new transfer.

In support of its appeal, the Kingdom of Belgium, as intervener
at first instance in support of the forms of order sought by the
Commission, asserts at the outset that the Civil Service Tribunal
does not have jurisdiction to assess the admissibility under
Belgian law of a application to withdraw an application for the
transfer to the Community system of pension rights acquired in
Belgian pension schemes. According to the appellant, the Civil
Service Tribunal acted ultra vires in ruling on the significance of
provisions of Belgian national law which may be applicable in
the present case.