Case T-495/04: Judgment of the Court of First Instance of 21 May 2008 — Belfass v Council (Public procurement — Community tender procedure — Obvious clerical error — Award to the tender offering best value for money — Abnormally low tender — Article 139(1) of Regulation (EC, Euratom) No 2342/2002 — Plea of illegality — Specifications — Admissibility)
Date: 2008-05-21
Institutions: Court of First Instance
Subjects: Council of the European Union, action for annulment (EU), award of contract, services contract

5.7.2008

EN

Official Journal of the European Union

C 171/31

COURT OF FIRST INSTANCE

Designation of the Judge replacing the President as the
Judge hearing applications for interim measures

Operative part of the judgment

(2008/C 171/54)

On 12 June 2008, the Court of First Instance decided to amend
the decision of 19 September 2007 in consequence of the resig-
nation of Judge Cooke and, in accordance with Article 106 of
the Rules of Procedure, to designate Judge Papasavvas to replace
the President of the Court for the purpose of deciding applica-
tions
is absent or
prevented from dealing with them,
in respect of the period
from 1 July 2008 to 30 June 2009.

interim measures where the latter

for

1. Annuls the decision of

the European Union of
the Council of
13 October 2004 to reject the tenders of Belfass SPRL submitted
under tender procedure UCA-033/04, in so far as that decision
rejected Belfass' offer with respect to Lot No 2;

2. Dismisses the action as to the remainder;

3. Orders each party to bear its own costs.

(1) OJ C 57, 5.3.2005.

Judgment of the Court of First Instance of 21 May 2008 —
Belfass v Council

(Case T-495/04) (1)

(Public procurement — Community tender procedure —
Obvious clerical error — Award to the tender offering best
value for money — Abnormally low tender — Article 139(1)
of Regulation (EC, Euratom) No 2342/2002 — Plea of
illegality — Specifications — Admissibility)

(2008/C 171/55)

Language of the case: French

Judgment of the Court of First Instance of 22 May 2008 —
NewSoft Technology v OHIM — Soft (Presto! BizCard
Reader)

(Case T-205/06) (1)

(Community
trade mark — Invalidity proceedings —
Community word mark Presto! BizCard Reader — Earlier
national
figurative marks Presto — Relative ground for
refusal — Likelihood of confusion — Article 8(1)(b) and
Article 52(1)(a) of Regulation (EC) No 40/94)

(2008/C 171/56)

Language of the case: German

Parties

Applicant: Belfass SPRL (Forest, Belguim)
L. Vogel, lawyer)

(represented by:

Parties

Defendant: Council of
B. Driessen and A. Vitro, Agents)

the European Union (represented by:

Re:

first,

for the annulment of

Application,
the
Council of the European Union of 13 October 2004 to reject
both the tenders submitted by the applicant under tender proce-
dure UCA-033/04 and, secondly, for compensation in respect of
the damage allegedly suffered by the applicant by reason of the
Council's conduct.

the decision of

Applicant: NewSoft Technology Corp.
(repre-
sented by: M. Dirksen-Schwanenland, U. von Sothen and M. Di
Stefano, lawyers)

(Taipei, Taiwan)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (represented by: G. Schneider, Agent)

Other party to the proceedings before the Board of Appeal of OHIM
intervening before the Court of First
Instance: Soft, SA (Madrid,
Spain)
(represented by: A. Velázquez Ibáñez and P. Merino
Baylos, lawyers)