Case T-39/08: Action brought on 22 January 2008 — Evropaïki Dynamiki v Commission
Date: 2008-01-22
Institutions: Court of First Instance
Subjects: European Commission, Internet site, action for annulment (EU), award of contract, equal treatment, invitation to tender, services contract

C 92/34

EN

Official Journal of the European Union

12.4.2008

Pleas in law and main arguments

By judgment of 12 July 2007 in Case T-144/02 Richard J. Eagle
and Others v Commission [2007] ECR II-0000 the Commission
was ordered by the Court of First Instance to pay the applicant
damages of a certain amount.

By payment of 16 November 2007 the Commission paid a
reduced amount having set off the sum of EUR 36 551,58. The
applicant challenges the decision of the Commission to reduce
the sums due to him by this amount.

In support of its application, the applicant submits that the
Commission erred in law in reaching the contested decision, as
the decision was an unlawful abuse of process since the
Commission had withdrawn its claim for set-off during the
proceedings before the Court and therefore could not unilater-
ally pursue the issue subsequently.

The applicant furthermore contends that the contested decision
was contrary to a binding legitimate expectation of the appli-
cant, as the Commission had accepted the applicant's figures in
correspondence following the judgment of the Court.

Finally, the applicant claims that the debit notes upon which the
contested decision relied failed to provide a proper legal basis
for the decision and that the decision was based upon a funda-
mental miscalculation in relation to interest claimed.

Action brought on 22 January 2008 — Evropaïki Dynamiki
v Commission

(Case T-39/08)

(2008/C 92/69)

Language of the case: English

— order

the Commission to pay the applicant's damages
suffered on account of the tendering procedure in question
for an amount of EUR 441 564,50;

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

— order the Commission to pay the applicant's legal and other
costs and expenses incurred in connection with this applica-
tion.

Pleas in law and main arguments

portal

The applicant submitted a bid in response to the defendant's
call
for an open tender concerning hosting, management,
enhancement, promotion and maintenance of the Commission's
Internet
(elearningeuropa.info)
(OJ 2007/S 87-105977). The applicant contests the defendant's
decision of 12 November 2007 rejecting the applicant's bid and
informing the applicant that the contract would be awarded to
another tenderer. The applicant further requests compensation
for the alleged damages caused by the tender procedure.

eLearning

on

In support of its application, the applicant submits that the
defendant committed manifest errors of assessment and failed to
state reasons in accordance with Article 253 EC. Furthermore,
the applicant alleges that the defendant confused evaluation
criteria with award criteria when evaluating the bids and used
evaluation criteria that were not disclosed to the tenderers
before the deadline for submitting the offers. Finally, the appli-
cant contends that the defendant violated the principle of non-
discrimination.

Action brought on 1 February 2008 — Vakakis v
Commission

Parties

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

Defendant: Commission of the European Communities

Parties

(Case T-41/08)

(2008/C 92/70)

Language of the case: English

Form of order sought

— Annul the decision of the Commission to evaluate the appli-
cant's bid as not successful and award the contract to the
successful contractor;

Applicant: Vakakis
International — Symvouli gia Agrotiki
Anaptixi AE (Athens, Greece) (represented by: B. O'Connor, Soli-
citor)

Defendant: Commission of the European Communities