Case T-377/07: Action brought on 24 September 2007 — Evropaïki Dynamiki v Commission
Date: 2007-09-24
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), award of contract, information technology industry, invitation to tender

8.12.2007

EN

Official Journal of the European Union

C 297/43

In addition, the applicant claims that there has been an infringe-
ment of the principle of nemini licet venire contra factum proprium
(estoppel), because several Commission documents show that
it does not have the
the Commission itself assumes that
authority to conduct an ex-post control without cause.

(1) Commission Regulation (EC) No 70/2001 of 12 January 2001 on
the application of Articles 87 and 88 of the EC Treaty to State aid to
small and medium-sized enterprises (OJ 2001 L 10, p. 33).

(2) Council Regulation (EC) No 994/98 of 7 May 1998 on the applica-
tion of Articles 92 and 93 of the Treaty establishing the European
Community to certain categories of horizontal State aid (OJ 1998
L 142, p. 1).

— order

the Commission (DIGIT)

to pay the applicant's
damages suffered on account of the tendering procedure in
question for an amount of EUR 3,5 million for lot 2.

Pleas in law and main arguments

The applicant submitted a bid in response to the defendant's
call
‘content
an
for
interoperability
eGovernment
services’ (OJ 2006/S 128-136080). The applicant contests the
decision to reject its bid and to award the contract to another
bidder.

open
tender
technologies

the
European

contract

for
for

Action brought on 24 September 2007 — Evropaïki
Dynamiki v Commission

(1) JO 2007 C 235, p. 22.

The pleas in law and main arguments relied on by the applicant
are identical
to those relied on in Case T-300/07 Evropaïki
Dynamiki v Commission (1).

(Case T-377/07)

(2007/C 297/87)

Language of the case: English

Action brought on 2 October 2007 — CNH Global v OHIM
(Figurative mark representing a tractor in red, black and
grey)

Parties

Applicant:
Systimata
Evropaïki Dynamiki — Proigmena
Tilepikoinonion Pliroforikis kai Tilematikis AE (represented by:
N. Korogiannakis, lawyer)

Defendant: Commission of the European Communities

Parties

(Case T-378/07)

(2007/C 297/88)

Language of the case: English

Form of order sought

— Annul the Commission's decision of the Direction General
for Informatics to reject the bid of the applicant — filed in
response to the open Call
for Tender ENTR/05/86 —
Content Interoperability for European eGovernment Services
(OJ S 128, 8.7.2006) communicated to the applicant by
letter dated 13 July 2007 and to award the contracts to the
successful contractor;

(repre-
Applicant: CNH Global NV (Amsterdam, Netherlands)
sented by: M. Edenborough, Barrister, and R. Harrison, Solicitor)

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

Form of order sought

— The decision of the First Board of Appeal No R 1642/2006-

1 be annulled in its entirety; and

— order the Commission (DIGIT) to pay the applicant's legal
and other costs and expenses incurred in connection with
this application, even if the current application is rejected;

— the Office pays to the applicant/appellant the costs incurred
by the applicant/appellant in connection with this appeal.