Case T-169/08: Action brought on 13 May 2008 — DEI v Commission
Date: 2008-05-13
Institutions: Court of First Instance
Subjects: European Commission, Greece, action for annulment (EU), award of contract, dominant position, electrical energy, mining extraction, public sector

C 183/24

EN

Official Journal of the European Union

19.7.2008

Form of order sought

Action brought on 13 May 2008 — DEI v Commission

— Declare that the Commission is liable for infringement of
the principles of transparency, proper administration, non-
discrimination and equal treatment in connection with the
recruitment procedure which took place following the
vacancy notice for a post as a ‘Pre-enlargement Adviser and
Political Rapporteur’ based in Sofia, in May 2003;

— Order the Commission to make good, on the basis of the
second paragraph of Article 288 of the Treaty establishing
the European Community, the damage which it caused to
the applicant;

— Accordingly, order the Commission to pay to the applicant
the amount of EUR 180 000 as damages for the loss
sustained;

— Order the Commission to pay the amount of EUR 10 000
in respect of non-material damage sustained by the appli-
cant;

— Order the Commission of the European Communities to

pay the costs and expenses.

Pleas in law and main arguments

In 2003, the applicant applied for a local member of staff's post
as a ‘Pre-enlargement Adviser’
in Sofia. His application was
rejected at the preliminary selection stage on account of his dual
Franco-Bulgarian nationality as only candidates who had the
nationality of a Member State were eligible for the vacant post.

During the recruitment procedure and after the rejection of his
application, the applicant unsuccessfully requested more infor-
mation regarding the procedure and the reasons for the rejec-
tion of his application. He then brought the matter before the
European Ombudsman, who concluded that there had been
maladministration and infringement of the principle of non-
discrimination or of equal treatment on the part of the Commis-
sion.

By the present action, the applicant requests that the Court of
First Instance declare that the Commission is non-contractually
liable for infringement of the principles of transparency, proper
administration, non-discrimination and equal
in
connection with the recruitment procedure in question.

treatment

(Case T-169/08)

(2008/C 183/47)

Language of the case: Greek

Parties

Applicant: Dimosia Epikhirisi Ilektrismou A.E. (Athens, Greece)
(represented by: P. Anestis, lawyer)

Defendant: Commission of the European Communities

Form of order sought

— annul the contested decision;

— order the defendant to pay the costs.

Pleas in law and main arguments

By this action, the applicant seeks the annulment of Commis-
sion Decision C(2008) 824 final of 5 March 2008 relating to
the grant or retention in force by the Hellenic Republic of rights
lignite in favour of Dimosia Epikhirisi
for
Ilektrismou (Public Power Corporation).

the mining of

The applicant puts forward the following pleas for annulment.

The applicant submits, first, that the defendant erred in law
when applying Article 86(1)
EC in conjunction with
Article 82 EC, and made a manifest error of assessment.

Specifically, according to the applicant
the defendant erred
(i) with regard to the definition of the relevant markets; (ii) with
regard to application of the theory of extension of a dominant
position, since it did not take into account that, even in the case
of public undertakings, the extension must be based on State
measures that grant exclusive or special rights; (iii) because the
Greek legislation on the basis of which the applicant acquired
rights in respect of the exploitation of lignite does not lead to a
situation of unequal opportunity to the detriment of competi-
tors; (iv) since the aforementioned legislation does not lead to
the maintenance or strengthening of the applicant's dominant
position in the wholesale electricity market; and (v) by reason of
a manifest error of assessment in not taking into account the
recent developments in the Greek electrical energy market inas-
much as they were important for proving the absence of an
infringement.

Under the second plea for annulment, the applicant submits
that,
in issuing the contested decision, the defendant did not
comply with the rules laid down by Article 253 EC that govern
the statement of reasons.

19.7.2008

EN

Official Journal of the European Union

C 183/25

Under the third plea for annulment, the applicant submits that
the contested decision infringes the general principles of legal
certainty, of the protection of legitimate expectations and of the
protection of property. The applicant further contends that it
falls to the Court to rule whether the defendant misused its
powers.

the applicant
Finally, under the fourth plea for annulment,
submits that the defendant did not comply with the principle of
proportionality as regards the corrective measures proposed by
the contested decision.

Action brought on 15 May 2008 — Commission v
Cooperação e Desenvolvimento Regional, SA

(Case T-174/08)

(2008/C 183/48)

The project was set to last for 18 months.

Work was started on the project on 1 January 1996.

The Commission undertook to finance up to 50 % of the total
cost of the project.

On 25 September 1997 the parties agreed to a first revision of
the contract.

the project
The duration of
36 months, with a starting date of 1 January 1996.

increased from 18 months to

On 29 June 1998 the parties agreed to a second revision of the
the project was
contract,
reduced from 36 to 30 months, and the starting date of
1 January 1996 remained unchanged.

following which the duration of

The final costs of the project approved by the Commission were
lower than the advances made by the latter within the context
of contract No SU 1001 (SU) ENCATA.

Language of the case: Portuguese

Consequently, the Commission sought reimbursement of the
advances made in excess of the costs incurred.

Parties

Applicant: Commission of the European Communities (repre-
sented by: M. Afonso, acting as Agent)

Defendant: Cooperação e Desenvolvimento Regional, SA

Form of order sought

The sum owed by the defendant amounts to EUR 63 349,27
plus late payment interest.

For years the Commission has incessantly been reminding the
defendant of its debt and has sent it numerous requests for
payment. The defendant, for its part, has acknowledged its debt
on numerous occasions and has stated its intention to repay it
as soon as possible, but up until now it has not made any
payment whatsoever to the Commission of the debt and the
late payment interest in respect of the advances made in excess
of the framework of the ENCATA project.

— Order the defendant to reimburse the Commission a prin-
sum of

cipal
EUR 28 940,70 in late payment interest until 5 May 2008;

amount of EUR 63 349,27, plus

a

— order the defendant to pay late payment interest from 6 May
2008 at a daily rate of EUR 10,91 until full repayment of
the debt has been made;

— order the defendant to pay the costs.

Pleas in law and main arguments

The present action was brought under Article 238 EC.

Action brought on 9 May 2008 — Liga para a protecção da
natureza v Commission of the European Communities

(Case T-186/08)

(2008/C 183/49)

Language of the case: Portuguese

the project

Within the framework of
‘European Network of
Centres for the Advancement of Telematics in Urban and Rural
Areas’ (ENCATA), the European Community, represented by the
Commission, entered into contract No SU 1001 (SU) ENCATA
with 12 contractors, among which the defendant.

Parties

In accordance with the provisions of that contract the Commis-
sion undertook to grant financial assistance to the group of
contractors, among which the defendant, for the development
of that project.

Applicant: Liga para a protecção da natureza (LPN)
Portugal) (represented by: P. Vinagre e Silva, lawyer)

(Lisbon,

Defendant: Commission of the European Communities