Case T-457/07: Action brought on 10 December 2007 — Evropaïki Dynamiki v EFSA
Date: 2007-12-10
Institutions: Court of First Instance
Subjects: European Food Safety Authority, action for annulment (EU), award of contract, information technology, invitation to tender, technical cooperation

23.2.2008

EN

Official Journal of the European Union

C 51/47

In support of its application, the applicant puts forward a plea
in law alleging an infringement of the rights of the defence inas-
much as the Commission, contrary to the principle of the right
to be heard, based the demand for reimbursement on time
sheets and conclusions drawn by OLAF of which the applicant
had no knowledge.

particular,
inform the applicant of the relative merits of the
successful tenderer. According to the applicant, EFSA mixed
selection criteria with award criteria when evaluating the bids
and used evaluation criteria that were not expressly included in
the call for tender. Furthermore, the applicant alleges that EFSA
committed manifest errors of assessment.

In the alternative, the applicant contests the Commission's appli-
cation of Article 26 of Annex II to the contract and its finding
that the facts of the case were sufficiently serious to invoke the
concept of serious financial irregularity justifying a full reimbur-
sement of the payments on account.

(1) Fifth European Community

covering
Research, Technological Development and Demonstration activities
1998-2002.

Framework Programme

Action brought on 17 December 2007 — Dominio de la
Vega v OHIM — Ambrosio Velasco (DOMINIO DE LA
VEGA)

(Case T-458/07)

(2008/C 51/88)

Language in which the application was lodged: Spanish

Action brought on 10 December 2007 — Evropaïki
Dynamiki v EFSA

Parties

(Case T-457/07)

(2008/C 51/87)

Language of the case: English

Parties

Applicant: Dominio de la Vega, S.L.
sented by: E. Caballero Oliver,
Martinéz, lawyer)

(Requena, Spain)
(repre-
lawyer and A. Sanz-Bernell y

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

Other party to the proceedings before the Board of Appeal of OHIM:
Ambrosio Velasco, S.A. (Dicastillo, Navarra, Spain)

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

Form of order sought

Defendant: European Food Safety Authority (EFSA)

— Annul the decision of the Board of Appeal of OHIM of
3 October 2007 (Case R 1431/2006-2) and consequently
dismiss the opposition filed by Ambrosio Velasco, S.A.;

Form of order sought

— Annul the decision of EFSA to evaluate the applicant's bid as
to the successful

not successful and award the contract
contractor;

— order EFSA to pay the applicant's legal and other costs and

expenses incurred in connection with this application.

Pleas in law and main arguments

The applicant submitted a bid in response to the defendant's call
for an open tender for the provision of IT consultancy assistance
(OJ 2007/S 97-118626). The applicant contests the defendant's
decision of 1 October 2007 to reject the applicant's bid and to
award the contract to another tenderer.

— Order OHIM to pay the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: Dominio de la Vega, S.L.

Community trade mark concerned: Figurative mark ‘DOMINIO DE
LA VEGA’ for goods in Classes 33, 42 and 43 (Application
No 2.789.576).

Proprietor of the mark or sign cited in the opposition proceedings:
Ambrosio Velasco, S.A.

Mark or sign cited in opposition: Figurative Community trade mark
‘PALACIO DE LA VEGA’ for goods in Class 33.

In support of its application, the applicant submits that EFSA
failed to state reasons in accordance with Article 253 EC and, in

Decision of
those goods,
rejection of the application for those goods.

the Opposition Division: Opposition upheld for all
in Class 33, against which it was directed, and