Case T-554/08: Action brought on 8 December 2008 — Evropaïki Dynamiki/Commission
Date: 2008-12-08
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), customs, invitation to tender, tax system

C 55/34

EN

Official Journal of the European Union

7.3.2009

As a result of the wrongful conduct of the cocontractors, the
latter failed to fulfil their contractual obligations.

— order DG TAXUD to pay the applicant's damages suffered
on account of the tendering procedure in question for an
amount of EUR 7 638 125;

The contract provided that it was possible for the Commission
to demand repayment, in whole or in part, of its financial assis-
tance, together with interest in the case of non-performance by
the cocontractors.

— order DG TAXUD to pay the applicant's legal and other
costs and expenses incurred in connection with this applica-
tion, even if the current application is rejected.

to the value of

The Commission is entitled to repayment of EUR 172 499,22,
equivalent
the original amount advanced,
together with interest accrued, as from 10 February 1995, the
costs of part performance incurred by the defendant and
accepted by the Commission having been deducted, to which
sum must be added interest not yet fallen due.

(1) Council Regulation (EEC) No 2008/90 of 29 June 1990 concerning
the promotion of energy technology in Europe (thermie programme)
(OJ 1990 L 185, p. 1).

Action brought on 8 December 2008 — Evropaïki
Dynamiki/Commission

(Case T-554/08)

(2009/C 55/62)

Language of the case: English

Parties

Applicant: Evropaïki Dynamiki — Proigmena Systimata Tilepi-
koinonion Pliroforikis kai Tilematikis AE (Athènes, Greece)
(represented by: N. Korogiannakis, P. Katsimani and M. Dermit-
zakis, lawyers)

Defendant: Commission of the European Communities

Form of order sought

filed in response to the open Call

— annul DG TAXUD's decision to reject the bid of the appli-
cant,
for Tender
TAXUD/2007/AO-005 (TIMEA) for the ‘Provision of services
for the Community computer applications in the customs,
excise and taxation areas’ (OJ 2008/S 203-268728) which
applicant by letter dated
was
26 September 2008 and all further related decisions of the
Commission including the one to award the contract to the
successful contractor;

communicated to the

Pleas in law and main arguments

applicant

application the
to Article 230 EC of

seeks
the
By means of
its
annulment pursuant
the European
Commission's (DG TAXUD) decision to reject the bid filed by
for Tenders
in response to the open Call
the applicant
TAXUD/2007/AO-005(TIMEA) for the ‘Provision of services for
the Community computer applications in the customs, excise
and taxation areas’
(OJ 2008/S 203-268728) which was
communicated to the applicant by letter dated 26 September
2008,
to
as well
Article 235 EC.

award of damages pursuant

the

as

The applicant claims that the Evaluation Committee committed
various manifest errors of assessment with regards to the evalua-
tion of the tender. According to the applicant, the Evaluation
Committee deviated from the standard policy of the Commis-
sion and ignored the provisions included in the tender specifica-
tions of TIMEA, which suggest that the contracting authorities
should contact the tenderer in the context of the selection phase
of a Call for Tenders, and ask for additional information or clari-
fications. It is further submitted that Article 100 of the Financial
Regulation and the principles of good administration and of
legitimate
contracting
expectations were breached by the
authority. In addition, the applicant claims that the contracting
authority misused its powers and violated the principles of
transparency and equal treatment provided for in Article 93(1)
of the Financial Regulation.

The applicant claims that the defendant failed to provide the
applicant with an adequate analysis of the outcome of the verifi-
cations carried out further to the applicant's comments on the
evaluation report.

The applicant contends that the defendant used abusively the
selection criteria in order to de-select the applicant's tender. By
doing so, it infringed Articles 134(2) and 148(3) of Commission
Regulation (EC, Euratom) No 2342/2002 (1),
as
Article 32(2) of Directive 92/50 (2).

as well

(1) Commission Regulation

of
23 December 2002 laying down detailed rules for the implementa-
tion of Council Regulation (EC, Euratom) No 1605/2002 on the
Financial Regulation applicable to the general budget of the European
Communities (OJ 2002 L 357, p. 1).

Euratom) No

2342/2002

(EC,

(2) Council Directive 92/50/EEC of 18 June 1992 relating to the coordi-
nation of procedures for the award of public service contracts
(OJ 1992 L 209, p. 1).