Case T-300/07: Action brought on 31 July 2007 — Evropaïki Dynamiki v Commission
Date: 2007-10-06
Institutions: Court of First Instance
Subjects: EC Decision, European Commission, Greece, Internet, action for annulment (EU), award of contract, information technology industry

C 235/22

EN

Official Journal of the European Union

6.10.2007

Action brought on 31 July 2007 — Evropaïki Dynamiki v
Commission

(Case T-300/07)

(2007/C 235/40)

Language of the case: English

Parties

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

Defendant: Commission of the European Communities

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/05/078 —
YOUR EUROPE Lot 1 (Editorial Work and Translations) for
‘Your
and Maintenance’
(OJ 2006/S 143-153057) communicated to the applicant by
letter dated 21 May 2007 (‘the decision on Lot 1’) and to
award the contracts to the successful contractor,

Portal Management

Europe

— annul the Commission's decision (DIGIT) to reject the bid of
the applicant filed in response to the open Call for Tender
ENTR/05/078 — YOUR EUROPE Lot 2 (Infrastructure
for
Management)
‘Your Europe Portal Management and
Maintenance’
(OJ 2006/S 143-153057) communicated to
the applicant by letter dated 13 July 2007 (‘the decision on
Lot 2’) and to award the contracts to the successful contrac-
tors;

— order

the Commission (DIGIT)

to pay the applicant's
damages suffered on account of the tendering procedure in
question for an amount of EUR 1 125 000 Euros for Lot 1
and EUR 825 000 Euros for Lot 2;

— 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.

Pleas in law and main arguments

In support of its claims the applicant argues that, in the frame-
work of the tendering procedure ENTR/05/078 YOUR EUROPE
Lot 1 (Editorial Work and Translations) for ‘Your Europe Portal
Management and Maintenance’ (OJ 2006/S 143-153057) and
ENTR/05/078 — YOUR EUROPE Lot 2 (Infrastructure Manage-
ment) for ‘Your Europe Portal Management and Maintenance’
(OJ 2006/S 143-153057), the contracting authority, DG DIGIT
of the European Commission, failed to comply with its obliga-
tions foreseen in the Financial Regulation (1), its Implementing
Rules and Directive 2004/18/EC (2) as well as the principles of
transparency and equal treatment

The applicant moreover submits that the contracting authority
committed several manifest errors of assessment which resulted
in the rejection of its bid. Furthermore, the contracting authority
allegedly infringed its obligation to state reasons for its decision
and, in particular, to inform the applicant on the relative merits
of the successful tenderer.

tenderer be annulled and that

The applicant requests, hence, that the decision of the European
Commission to reject its bid and to award the contract to the
successful
is
ordered to pay all legal expenses related to the proceedings even
in case the application is rejected.
the
contract has already been executed by the time the Court
reached its decision or if it is no longer possible to annul the
decision,
compensation
(damages) of EUR 1 125 000 for Lot 1 and EUR 825 000 for
Lot 2 in accordance with Articles 235 and 288 EC.

requests monetary

In the alternative,

the defendant

applicant

the

if

(1) Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002
on the Financial Regulation applicable to the general budget of the
European Communities (OJ L 248, p. 1).

(2) Directive 2004/18/EC of

the
Council of 31 March 2004 on the coordination of procedures for
the award of public works contracts, public supply contracts and
public service contracts (OJ L 134, p. 114).

the European Parliament and of

Action brought on 6 August 2007 — Motopress v OHIM
— Sony Computer Entertainment Europe (BUZZ!)

(Case T-302/07)

(2007/C 235/41)

Language in which the application was lodged: German

Parties

Applicant: Motopress Werbe- und Verlagsgesellschaft mbH
(Vienna, Austria) (represented by: L. Wiltschek, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM:
Sony Computer Entertainment Europe Limited

Form of order sought

— Amend the decision of the Second Board of Appeal of the
Office for Harmonisation in the Internal Market (Trade Marks
and Designs) of 29 June 2007 (Appeal No R 1468/2006-2)
to the extent required in order to grant the opposition to
trade mark Application No 4 441 044;