Case T-122/08: Action brought on 14 March 2008 — Republic of Cyprus v Commission
Date: 2008-03-14
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, waste management

C 142/30

EN

Official Journal of the European Union

7.6.2008

Form of order sought

Action brought on 25 March 2008 — CBI and Abisp v
Commission

— annul

the

notice

procurement

reference
a
EuropeAid/125672/C/SER/CY for
contract entitled ‘Technical Assistance οn animal husbandry’,
which was published, only in English, on the webpage
http://ec.europa.eu/europaid/tender/data/
around
27 December 2007, and annul points 5 and 28.2 of the
notice;

under
conclusion of

the

on

or

(Case T-128/08)

(2008/C 142/55)

Language of the case: French

— order the Commission of the European Communities to pay

the costs.

Pleas in law and main arguments

Parties

The applicant's pleas in law and main arguments are identical or
to those advanced in Cases T-91/08, T-92/08 and
similar
T-93/08 Cyprus v Commission.

Applicants: Coordination Bruxelloise d'Institutions sociales et de
santé (CBI) (Brussels, Belgium) and Association Bruxelloise des
Institutions de Soins Privées (Abisp) (Brussels, Belgium) (repre-
sented by: D. Waelbroeck, lawyer, and D. Slater, solicitor)

Action brought on 14 March 2008 — Republic of Cyprus v
Commission

(Case T-122/08)

(2008/C 142/54)

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

the

notice

procurement

under
conclusion of

reference
EuropeAid/126316/C/SER/CY for
a
contract entitled ‘Establishment of a Programme Manage-
ment Unit to support the implementation of investments
projects in the field of water/wastewater and solid waste’,
which was published, only in English, on the webpage
http://ec.europa.eu/europaid/tender/data/
around
4 January 2008, and annul points 5 and 28.2 of the notice;

on

or

— order the Commission of the European Communities to pay

the costs.

Pleas in law and main arguments

The applicant's pleas in law and main arguments are identical or
similar
to those advanced in Cases T-91/08, T-92/08 and
T-93/08 Cyprus v Commission.

Defendant: Commission of the European Communities

Form of order sought

— Annul the Commission's decision;

— order the defendant to pay the costs.

Pleas in law and main arguments

The applicants seek the annulment of the Commission's deci-
sion of 10 January 2008 rejecting their complaint made on
7 September and 17 October 2005 against the State aid granted
by the Kingdom of Belgium to public hospitals of the IRIS
network in the Brussels-Capital Region and refusing to initiate
the formal investigation procedure in respect of the aid in ques-
tion pursuant to Article 88(2) EC.

The applicants submit, first of all, that the contested decision is
vitiated by procedural defects inasmuch as it should have been
adopted by the Commission as a body, addressed to the
Member State concerned, and published in the Official Journal of
the European Union.

As to the merits, the applicants submit that the Commission
made manifest errors of assessment and failed to fulfil its obliga-
tions to state reasons in taking the view that the measures in
question were compatible with Article 86(2) EC and that it was
not necessary to initiate the formal
investigation procedure
pursuant to Article 88(2) EC.

The applicants claim that the conditions for the application of
Article 86(2) EC are not satisfied in this case, since:

— the public-service mission of the hospitals receiving the aid

is not clearly defined;

— the compensation criteria have not been established in

advance;

— the compensation exceeds the costs incurred; and

— no comparison has been made between the hospitals

receiving the aid and comparable private hospitals.