Case T-121/08: Action brought on 10 March 2008 — PC-Ware Information Technologies BV v Commission of the European Communities
Date: 2008-03-10
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), award of contract, invitation to tender

9.5.2008

EN

Official Journal of the European Union

C 116/27

Action brought on 10 March 2008 — PC-Ware Information
European
Technologies BV v Commission of

the

Communities

(Case T-121/08)

(2008/C 116/49)

Language of the case: Dutch

Parties

Applicant: PC-Ware Information Technologies BV (Amsterdam,
Netherlands) (represented by: L. Devillé, lawyer)

Defendant: Commission of the European Communities

Secondly, the applicant submits that it is apparent that the
successful offer infringes Article 40 of
the abovementioned
Belgian Law of 14 July 1991. According to the applicant, the
Commission should have refused the successful offer pursuant
to Article 55 of Directive 2004/18/EC (1), Article 139(1) and
Article 146(4) of Regulation No 2342/2002 (2) and the princi-
ples of good administration.

(1) Directive 2004/18/EC of

the European Parliament and 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 2004 L 134, p. 114).
Euratom) No

of
23 December 2002 laying down detailed rules for the implementa-
tion of Council Regulation (EC, Euratom) No 1605/2002 on the
Financial Regulation applicable to the general budget of the European
Communities (OJ 2002 L 357, p. 1).

2342/2002

(EC,

(2) Commission Regulation

Form of order sought

— Declare the action for annulment admissible;

— Annul the decision of the Directorate-General of the Euro-
pean Commission, communicated to the applicant by letter
of 11 January 2008, which rejected the applicant's tender
for public procurement contract DIGIT/R2/2007/022 —
to the successful
LAR 2007 and awarded the contract
tender;

Action brought on 14 March 2008 — Spitzer v OHIM —
Homeland Housewares (Magic Butler)

(Case T-123/08)

(2008/C 116/50)

Language in which the application was lodged: German

— Declare that

the Commission's action was unlawful and

gives rise to the Commission's liability;

Parties

— In the alternative, if the contract has already been carried
out when the Court gives judgment or the decision can no
longer be declared void, order the Commission to pay
damages of EUR 654 962,38 as compensation for the loss
suffered by the applicant in regard to that procedure;

— Order the Commission to pay the costs of the proceedings

and other costs even if the action is dismissed.

Pleas in law and main arguments

took part

in public procurement procedure
The applicant
DIGIT/R2/2007/022 — LAR 2007 — Large account reseller
Microsoft products (LAR 2007)
(OJ 2007 S 183-223062),
whose objective was to establish a framework contract for a
single source purchase channel, covering the acquisition of
Microsoft software products and licences. The applicant contests
the Commission's decision to award that contract to another
undertaking.

In support of its application, the applicant submits, first, that
insufficient reasons are given for the decision. The applicant
states that upon the submission of its offer it stated expressly
that
it gave the highest possible reduction on the basis of
Article 40 of the Belgian Law of 14 July 1991 on trade practices
and consumer information and protection, which prohibits sales
at a loss. The Commission failed to give sufficient reasons in the
decision with regard to the application of that prohibition and
compliance with the principle of equal treatment.

Applicant: Harald Spitzer (Hörsching, Austria) (represented by: T.
Schmitz, Rechtsanwalt)

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

Other party to the proceedings before the Board of Appeal of OHIM:
Homeland Housewares, LLC (Los Angeles, United States of
America)

Form of order sought

— Annul the decision of the First Board of Appeal of OHIM of

7 January 2008 (Case R 1508/2006-1);

— reject

the opposition entered by Homeland Housewares,
LLC, against the word mark for which registration is sought,
‘Magic Butler’ No 4 109 906;

— order the defendant to pay the costs of the proceedings.

Pleas in law and main arguments

Applicant for a Community trade mark: Harald Spitzer.

Community trade mark concerned: The word mark ‘Magic Butler’
for goods in Classes 7 and 21 (application No 4 109 906)