Case T-88/08: Action brought on 18 February 2008 — Republic of Cyprus v Commission
Date: 2008-02-18
Institutions: Court of First Instance
Subjects: Cyprus, European Agency for Reconstruction, European Commission, action for annulment (EU), award of contract, development aid, financial aid, international law, rural development

7.6.2008

EN

Official Journal of the European Union

C 142/27

in view of the automatic application of the scale of
Sixthly,
in Regulation (EC) No 296/96 (2)
reductions
concerning
advances, and without any doubt being cast on the veracity of
the reasons which prompted late payments, with the conse-
quence that 100 % of expenditure on late payments was
excluded, the applicant alleges infringement of the Community
rules and guidelines for the clearance of accounts.

(1) Judgment of 7 July 2005 in Case C-5/03 Hellenic Republic v Commis-

sion [2005] ECR I-5925.

(2) Commission Regulation (EC) No 296/96 of 16 February 1996 on
data to be forwarded by the Member States and the monthly
booking of expenditure financed under the Guarantee Section of the
Agricultural Guidance and Guarantee Fund (EAGGF) and repealing
Regulation (EEC) No 2776/88 (OJ 1996 L 39, p. 5).

Action brought on 18 February 2008 — Republic of
Cyprus v Commission

(Case T-87/08)

(2008/C 142/48)

Language of the case: Greek

Act concerning the conditions of accession of the Czech
Republic, the Republic of Estonia, the Republic of Cyprus,
the Republic of Latvia,
the
Republic of Hungary, the Republic of Malta, the Republic of
Poland, the Republic of Slovenia and the Slovak Republic (2)
(‘the 2003 Act of Accession’) and Protocol No 10, on
Cyprus, to the 2003 Act of Accession (3);

the Republic of Lithuania,

— third, because the notice is contrary to or incompatible with
both obligations flowing from rules of mandatory interna-
tional law and United Nations Security Council Resolutions
541(1983) and 550(1984); and

— fourth, because the notice was not published in the Official

Journal.

(1) OJ 2006 L 65, p. 5.
(2) OJ 2003 L 236, p. 33.
(3) OJ 2003 L 236, p. 955.

Action brought on 18 February 2008 — Republic of
Cyprus v Commission

(Case T-88/08)

(2008/C 142/49)

Language of the case: Greek

Parties

Applicant: Republic of Cyprus (represented by: P. Kliridis)

Defendant: Commission of the European Communities

Parties

Form of order sought

— annul

the

the

notice

procurement

under
conclusion of

reference
EuropeAid/126225/C/SER/CY for
a
contract entitled ‘Technical assistance for engineering works
for waste management infrastructure and rehabilitation of
dumping sites in the northern part of Cyprus’, which was
published, only in English, on the webpage http://ec.europa.
eu/europaid/tender/data/ on or around 8 December 2007,
and annul points 5 and 28.2 of the notice;

— order the Commission of the European Communities to pay

the costs.

Applicant: Republic of Cyprus (represented by: P. Kliridis)

Defendant: Commission of the European Communities

Form of order sought

— annul

the

notice

procurement

reference
a
EuropeAid/125242/C/SER/CY for
contract entitled ‘Technical assistance to support implemen-
tation of the Rural Development Sector Programme’, which
was published, only in English, on the webpage http://ec.
europa.eu/europaid/tender/data/ on or around 6 December
2007, and annul points 5 and 28.2 of the notice;

under
conclusion of

the

Pleas in law and main arguments

the costs.

— order the Commission of the European Communities to pay

The applicant submits that
following reasons:

the notice is unlawful

for

the

Pleas in law and main arguments

— first, because,

in issuing the notice,

the Commission
exceeded and/or infringed its legal basis,
to be specific
Council Regulation (EC) No 389/2006 of 27 February 2006
support
establishing
for
an instrument of
encouraging the economic development of
the Turkish
Cypriot community and amending Council Regulation (EC)
No 2667/2000 on the European Agency for Reconstruc-
tion (1);

financial

— second, because the notice is contrary to and/or incompa-
tible with Article 299 EC, as amended by Article 19 of the

The applicant submits that
following reasons:

the notice is unlawful

for

the

— first, because,

in issuing the notice,

the Commission
exceeded and/or infringed its legal basis,
to be specific
Council Regulation (EC) No 389/2006 of 27 February 2006
support
establishing
for
an instrument of
the Turkish
encouraging the economic development of
Cypriot community and amending Council Regulation (EC)
No 2667/2000 on the European Agency for Reconstruc-
tion (1);

financial

C 142/28

EN

Official Journal of the European Union

7.6.2008

— second, because the notice is contrary to and/or incompa-
tible with Article 299 EC, as amended by Article 19 of the
Act concerning the conditions of accession of the Czech
Republic, the Republic of Estonia, the Republic of Cyprus,
the Republic of Latvia,
the
Republic of Hungary, the Republic of Malta, the Republic of
Poland, the Republic of Slovenia and the Slovak Republic (2)
(‘the 2003 Act of Accession’) and Protocol No 10, on
Cyprus, to the 2003 Act of Accession (3);

the Republic of Lithuania,

— third, because the notice is contrary to or incompatible with
both obligations flowing from rules of mandatory interna-
tional law and United Nations Security Council Resolutions
541(1983) and 550(1984); and

— fourth, because the notice was not published in the Official

Journal.

(1) OJ 2006 L 65, p. 5.
(2) OJ 2003 L 236, p. 33.
(3) OJ 2003 L 236, p. 955.

Action brought on 22 February 2008 — Republic of
Cyprus v Commission

(Case T-91/08)

(2008/C 142/50)

Language of the case: Greek

Parties

Applicant: Republic of Cyprus (represented by: P. Kliridis)

Defendant: Commission of the European Communities

Form of order sought

— annul

the

under

notice

procurement

reference
aEuropeAid/126172/C/SER/CY for
the conclusion of a
contract entitled ‘Development and restructuring of telecom-
munications infrastructure — Training, Capacity building
and Project management’, which was published, only in
English, on the webpage http://ec.europa.eu/europaid/tender/
data/ on or around 12 December 2007, and annul points 5
and 28 of the notice;

encouraging the economic development of
the Turkish
Cypriot community and amending Council Regulation (EC)
No 2667/2000 on the European Agency for Reconstruc-
tion (1);

— second, because the notice is contrary to and/or incompa-
tible with Article 299 EC, as amended by Article 19 of the
Act concerning the conditions of accession of the Czech
Republic, the Republic of Estonia, the Republic of Cyprus,
the Republic of Latvia,
the
Republic of Hungary, the Republic of Malta, the Republic of
Poland, the Republic of Slovenia and the Slovak Republic (2)
(‘the 2003 Act of Accession’) and Protocol No 10, on
Cyprus, to the 2003 Act of Accession (3);

the Republic of Lithuania,

— third, because the notice is contrary to or incompatible with
both obligations flowing from rules of mandatory interna-
tional law and United Nations Security Council Resolutions
541(1983) and 550(1984);

— fourth, because the notice is contrary to and/or incompatible
with the principle of sincere cooperation between the insti-
tutions of the European Union and the Member States, as
laid down under Article 10 EC; and

— fifth, because the notice was not published in the Official

Journal.

(1) OJ 2006 L 65, p. 5.
(2) OJ 2003 L 236, p. 33.
(3) OJ 2003 L 236, p. 955.

Action brought on 22 February 2008 — Republic of
Cyprus v Commission

(Case T-92/08)

(2008/C 142/51)

Language of the case: Greek

Parties

Applicant: Republic of Cyprus (represented by: P. Kliridis)

Defendant: Commission of the European Communities

— order the Commission of the European Communities to pay

Form of order sought

the costs.

Pleas in law and main arguments

The applicant submits that
following reasons:

the notice is unlawful

for

the

— first, because,

in issuing the notice,

the Commission
exceeded and/or infringed its legal basis,
to be specific
Council Regulation (EC) No 389/2006 of 27 February 2006
for
establishing

an instrument of

financial

support

— annul

the

the

notice

procurement

entitled ‘Technical Assistance

reference
a
EuropeAid/126111/C/SER/CY for
the
contract
ongoing reform of the primary and secondary education
sector’, which was published, only in English, on the
webpage http://ec.europa.eu/europaid/tender/data/ on or
around 14 December 2007, and annul points 5 and 28.2 of
the notice;

under
conclusion of
to support

— order the Commission of the European Communities to pay

the costs.