Case T-333/07: Judgment of the Court of First Instance of 4 July 2008 — Entrance Services v Parliament (Public services contracts — Community call for tenders procedure — Repair and maintenance of automatic equipment, joinery and similar equipment in European Parliament buildings in Brussels — Rejection of a tender — Serious error in professional matters — Article 93 of Regulation (EC, Euratom) No 1605/2002)
Date: 2008-07-04
Institutions: Court of First Instance
Subjects: Belgium, action for annulment (EU), contract, financial regulation, invitation to tender, maintenance, parliament

15.8.2008

EN

Official Journal of the European Union

C 209/51

Judgment of the Court of First Instance of 2 July 2008 —
Ashoka v OHIM (DREAM IT, DO IT!)

Defendant: European Foundation for the Improvement of Living
and Working Conditions
(represented by: C.
Callanan, solicitor)

(Eurofound)

(Case T-186/07) (1)

(Community trade mark — Application for Community word
mark DREAM IT, DO IT! — Absolute ground for refusal —
Lack of distinctive character — Article 7(1)(b) of Regulation
(EC) No 40/94)

(2008/C 209/89)

Language of the case: English

Parties

Applicant: Ashoka,
America), represented by: A. Link and A. Jaeger-Lenz, lawyers)

(Arlington, Virginia, United States of

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

Re:

the decision of

the Eurofound of
Action for annulment of
17 April 2007 rejecting the applicant's tender in a community
public procurement procedure for the provision of services of
information and analysis on quality of work and employment,
industrial relations and restructuring covering the European
level

Operative part of the judgment

The Court:

1. Dismisses the action.

2. Orders AWWW GmbH ArbeitsWelt-Working World to pay the
interim
including those incurred in the application for

costs,
measures.

Re:

Action brought against the decision of the First Board of Appeal
of OHIM of 15 March 2007 (Case R 635/2006-1) concerning
the registration of the word mark DREAM IT, DO IT! as a Com-
munity trade mark

(1) OJ C 183, 4.8.2007.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Ashoka to pay the costs.

(1) OJ C 170, 21.7.2007.

Judgment of the Court of First Instance of 4 July 2008 —
Entrance Services v Parliament

(Case T-333/07) (1)

(Public services contracts — Community call for tenders proce-
dure — Repair and maintenance of automatic equipment,
joinery and similar
in European Parliament
buildings in Brussels — Rejection of a tender — Serious
error in professional matters — Article 93 of Regulation
(EC, Euratom) No 1605/2002)

equipment

Judgment of the Court of First Instance of 1 July 2008 —
AWWW v Eurofound

(Case T-211/07) (1)

Parties

(2008/C 209/91)

Language of the case: French

(Public procurement — Community tendering procedure —
Rejection of tender — Selection criteria — Award criteria —
Obligation to state reasons)

(2008/C 209/90)

Language of the case: English

Applicant: Entrance Services (Vilvorde, Belgium) (represented by:
A. Delvaux and V. Bertrand, lawyers)

Defendant: European Parliament (represented by: M. Ecker and P.
López-Carceller, acting as Agents)

Re:

Parties

Applicant: AWWW GmbH ArbeitsWelt-Working World
(Göttingen, Germany) (represented by: B. Schreier, V. Wellens,
lawyers, and G. Dennis, solicitor)

the decision of

Annulment of
the Parliament rejecting the
tender submitted by the applicant and awarding the contract to
another tenderer in the call for tenders procedure concerning
the repair and maintenance of automatic equipment, joinery and
similar equipment in European Parliament buildings in Brussels.

C 209/52

EN

Official Journal of the European Union

15.8.2008

Operative part of the judgment

2. The applications for interim measures are rejected.

The Court:

3. The costs are reserved.

1. Annuls the decision of

the Parliament rejecting the applicant's
tender and awarding the contract to another tenderer in the call for
tenders procedure concerning the repair and maintenance of auto-
in European
matic equipment,
Parliament buildings in Brussels.

joinery and similar equipment

2. Orders the Parliament to pay the costs.

(1) OJ C 269, 10.11.2007.

Order of the Court of First Instance of 20 June 2008 —
Leclercq v Commission

(Case T-299/06) (1)

(Action for annulment — Applicant's failure to act — No
need to adjudicate)

Order of the President of the Court of First Instance of
8 July 2008 — Fondazione Opera S. Maria della Carità and
Others v Commission

(Joined Cases T-234/00 R, T-235/00 R and T-283/00 R)

Parties

(2008/C 209/93)

Language of the case: French

(Application for interim measures — Application for suspen-
sion of operation — Admissibility)

(2008/C 209/92)

Language of the case: Italian

Parties

Applicants: Fondazione Opera S. Maria della Carità (Venice,
Italy); Codess Sociale Cooperativa sociale Soc. Coop. and Others.
(Venice,
(represented by: F.G. Gaiulli and I. Gianniotti,
lawyers); and Metropolitan Srl e Comitato 'Venezia Vuole Vivere'
(Venice, Italy) (represented by: A Bianchini. lawyer)

Italy)

Defendant: Commission of the European Communities (repre-
sented by: E. Righini and V. Di Bucci, agents)

Re:

Application for suspension of operation of Commission Deci-
sion of 25 November 1999 on aid to firms in Venice and
Chioggia by way of relief from social security contributions
under Laws 30/1997 and 206/1995 (OJ L 150, p. 50).

Applicant: Sylvie Leclercq (Brussels, Belgium) (represented by: S.
Rodrigues and C. Bernard-Glanz, lawyers)

Defendant: Commission of the European Communities (repre-
sented by: V. Joris and P. Costa de Oliveira, acting as Agents)

Intervener in support of
(represented by: J. Heliskoski, Agent)

the applicant: Republic of Finland

Re:

Annulment of the decision of the Commission of 27 July 2006
refusing, pursuant to Regulation (EC) No 1049/2001 of the
European Parliament and of
the Council of 30 May 2001
regarding public access to European Parliament, Council and
Commission documents (OJ L 145, p. 43) to grant the applicant
access to certain documents

Operative part of the order

1. There is no further need to adjudicate on the present action.

2. Ms Sylvie Leclercq is ordered to bear her own costs and to pay
those of the Commission. The Republic of Finland shall bear its
own costs.

Operative part of the order

1. The cases T-234/00 R, T-235/00 R and T-283/00 R, while
themselves all remaining joined, are separated from the other cases
referred to in the order of
the Court of First
Instance of 2 July 2008.

the President of

(1) OJ C 326, 3.12.2006.