Case T-406/06: Judgment of the Court of First Instance of 12 November 2008 — Evropaïki Dynamiki v Commission (Public service contracts — Invitation to tender concerning support services for the system of registries established under Directive 2003/87/EC — Rejection of a tender — Decision to award the contract to another tenderer — Manifest error of assessment — Obligation to state the reasons on which the decision is based — Claim for damages)
Date: 2008-11-12
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), award of contract, information system, invitation to tender, maintenance, reduction of gas emissions, tendering

C 6/24

EN

Official Journal of the European Union

10.1.2009

— at the rate of 2,11 % per annum for the period from 1 January

2006 to the date of the present judgment;

Defendant: Commission of the European Communities (repre-
sented by: M. Wilderspin and E. Manhaeve, acting as Agents)

— at the rate applicable under French law for the period from the
date of the present judgment to that of final settlement of the
principal sum;

Re:

2. orders Premium to pay to the Commission the principal sum of

EUR 30 988,74, together with default interest:

— at the rate of 3,95 % per annum for the period from 1 October

to 31 December 1998;

— at the rate of 2,85 % per annum for the period from 1 January

to 31 December 1999;

— at the rate of 3,6 % per annum for the period from 1 January

2000 to 31 December 2001;

— at the rate of 2,95 % per annum for the period from 1 January

to 31 December 2002;

Application for, first, annulment of the Commission's decision
of 19 October 2006 to reject the applicant's offer in a call for
tenders for support services for the system of registries estab-
lished under Directive 2003/87/CE of the European Parliament
and of the Council of 13 October 2003 establishing a scheme
for greenhouse gas emission allowance trading within the Com-
munity and amending Council Directive 96/61/EC (OJ 2003
L 275, p. 32), the Community independent transaction log
(CITL), with technical maintenance and user support (OJ 2006
S 102), and an application for annulment of the decision to
award the contract to another tenderer and, secondly, a claim
for damages.

— at the rate of 2,15 % per annum for the period from 1 January

Operative part of the judgment

2003 to 31 December 2004;

— at the rate of 2,4 % per annum for the period from 1 January

to 31 December 2005;

— at the rate of 2,5 % per annum for the period from 1 January

2006 to the date of the present judgment;

— at the rate applicable under Danish law for the period from the
date of the present judgment to that of final settlement of the
principal sum;

The Court:

1. Dismisses the action;

2. Orders Evropaïki Dynamiki — Proigmena Systimata Tilepikoino-
nion Pliroforikis kai Tilematikis AE to pay its own costs and those
incurred by the Commission.

(1) OJ C 42, 24.2.2007.

3. orders Premium to pay the costs.

(1) OJ C 326, 30.12.2006.

Judgment of the Court of First Instance of 12 November
2008 — Evropaïki Dynamiki v Commission

(Case T-406/06) (1)

(Public service contracts — Invitation to tender concerning
support services for the system of registries established under
Directive 2003/87/EC — Rejection of a tender — Decision to
award the contract to another tenderer — Manifest error of
assessment — Obligation to state the reasons on which the
decision is based — Claim for damages)

Judgment of the Court of First Instance of 19 November
2008 — Galderma v OHIM — Lelas (Nanolat)

(Case T-6/07) (1)

(Community trade mark — Opposition proceedings — Appli-
cation for the Community word mark Nanolat — Earlier
national word mark TANNOLACT — No likelihood of confu-
sion — Article 8(1)(b) of Regulation (EC) No 40/94)

(2009/C 6/49)

Language of the case: German

(2009/C 6/48)

Language of the case: English

Parties

Parties

Applicant: Galderma SA (Cham, Switzerland)
N. Hebeis, lawyer)

(represented by:

Applicant: Evropaïki Dynamiki — Proigmena Systimata Tilepi-
koinonion Pliroforikis kai Tilematikis AE (Athens, Greece)
(represented by: N. Korogiannakis and N. Keramidas, lawyers)

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