Case T-387/08: Action brought on 1 September 2008 — Evropaïki Dynamiki v Office for Official Publications of the European Communities
Date: 2008-09-01
Institutions: Court of First Instance
Subjects: Community budget, EU publication, Greece, action for annulment (EU), award of contract, equal treatment, financial legislation, information technology industry, invitation to tender

22.11.2008

EN

Official Journal of the European Union

C 301/49

it

is

submitted that

Further,
the Commission misapplied
Article 88(2) EC and Article 14(1) of Regulation (EC)
No 659/1999 in targeting Elliniki Nafpigokataskevastiki, which
was not the beneficiary of the aid, by ordering it to stop the
Indemnification Guarantee.

Also, the applicants claim that the Commission's argument alle-
ging circumvention of the effet utile of recovery wrongly relies
on the assumption that circumvention occurs by the simple
granting of the Indemnification Guarantee.

Finally, the applicants submit that the Commission misapplied
Article 296 EC in that it does not allow HSY to carry on a
certain degree of civil activities which are of an ancillary nature
in order to sustain the operation of the whole shipyard.

(1) This consortium founded Elliniki Nafpigokataskevastiki in order to

harbour the holding in HSY.

(2) HDW is wholy owned by ThyssenKrupp Marine Systems which also
acquired Ferrostaaal's shares in Elliniki Nafpigokataskevastiki in 2005.

Action brought on 1 September 2008 — Evropaïki
the
Dynamiki v Office for Official Publications of

European Communities

(Case T-387/08)

(2008/C 301/83)

Language of the case: English

Parties

Systimata
Evropaïki Dynamiki — Proigmena
Applicant:
Tilepikoinonion Pliroforikis kai Tilematikis AE (Athens, Greece)
(represented by: N. Korogiannakis, lawyer)

Defendant: Office for Official Publications of
Communities

the European

Form of order sought

— Annul the decision of the Office for Official Publications of
the European Communities (OPOCE) to reject the bid of
for Tender
the applicant,
AO 10185 for ‘Computing Services — maintenance of the
SEI-BUD/AMD/CR
services’
(OJ 2008/S 43-058884) communicated to the applicant by

filed in response to open Call

systems

related

and

letter dated 20 June 2008 and to award the contract to the
successful contractor;

— Order OPOCE to pay the applicant's damages suffered on
the tendering procedure in question in the

account of
amount of EUR 1 444 930;

— Order OPOCE to pay the applicant's legal and other costs
and expenses incurred in connection with this application,
even if the current application is rejected.

Pleas in law and main arguments

In the present case the applicant seeks the annulment of the
defendant's decision to reject its bid submitted in response to a
call for an open tender AO 10185 regarding the ‘Computing
Services — maintenance of the SEI-BUD/AMD/CR systems and
related services’ and to award the contract to the successful
contractor. The applicant further requests compensation for the
alleged damages on account of the tendering procedure.

In support of its claims the applicant argues that by awarding
the aforementioned tender to another bidder the defendant
failed to comply with its obligations foreseen in the financial
regulation (1),
Directive
2004/18/EC (2) as well as with the principles of transparency,
equal treatment and proportionality.

implementing

rules

and

its

The applicant moreover submits that the contracting authority
infringed its obligation, foreseen in the above mentioned applic-
able rules, to sufficiently state reasons for its decision. Further-
more, the applicant alleges that the contracting authority used
the criteria that were not expressively included in the call for
tender, mixed evaluation with award criteria, therefore infringing
the tender specifications, and committed several manifest errors
of assessment which resulted in the rejection of the applicant's
bid.

The applicant requests, hence, that the decision to reject its bid
and to award the contract to the successful tenderer be annulled
in addition to the
and that the defendant is ordered to pay,
applicant's
the
damages suffered by the applicant on account of the tendering
procedure.

related to the proceedings,

legal expenses

(1) Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002
on the Financial Regulation applicable to the general budget of the
European Communities (OJ L 248, p. 1).

(2) Directive 2004/18/EC 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 L 134, p. 114).

the European Parliament and of