Case T-92/08: Action brought on 22 February 2008 — Republic of Cyprus v Commission
Date: 2008-02-22
Institutions: Court of First Instance
Subjects: Cyprus, European Agency for Reconstruction, European Commission, action for annulment (EU), award of contract, development aid, education, financial aid, international law

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.

7.6.2008

EN

Official Journal of the European Union

C 142/29

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
an instrument of
establishing
support
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
Act concerning the conditions of accession of the Czech
Republic, the Republic of Estonia, the Republic of Cyprus,
the
the Republic of Latvia,
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.

webpage http://ec.europa.eu/europaid/tender/data/ on or
around 14 December 2007, and annul points 5 and 28.2 of
the notice;

— order the Commission of the European Communities to pay

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
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
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.

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

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

(Case T-93/08)

(2008/C 142/52)

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

procurement

reference
EuropeAid/125671/C/SER/CY for
a
contract entitled ‘Technical Assistance οn Crop Husbandry
and Irrigation’, which was published, only in English, on the

under
conclusion of

notice

the

Action brought on 7 March 2008 — Republic of Cyprus v
Commission

(Case T-119/08)

(2008/C 142/53)

Language of the case: Greek

Parties

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

Defendant: Commission of the European Communities