Case T-577/08: Action brought on 23 December 2008 — Proges v Commission
Date: 2008-12-23
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), building plot, environmental impact, environmental protection, innovation, proportional representation

21.2.2009

EN

Official Journal of the European Union

C 44/65

Action brought on 23 December 2008 — Proges v
Commission

(Case T-577/08)

(2009/C 44/110)

Language of the case: Italian

— geographical representativeness is rightly not referred to in
the invitation to tender since the project is not concerned
with development, integration and/or inter-European cohe-
sion. Furthermore, it is not understood on what basis, for
the purposes of assessing a company, European experience
is deemed more valuable than the United Nations and IUCN
experience possessed by the applicant.

Parties

Action brought on 23 December 2008 — Eridania Sadam v
Commission

Applicant: Proges srl (Rome, Italy) (represented by: M. Falcetta,
lawyer)

Defendant: Commission of the European Communities

(Case T-579/08)

(2009/C 44/111)

Language of the case: Italian

Forms of order sought

— Annul

the contested decision,

consequential measures,
damages;

thereby giving rise to all
for
compensation

including

— Order the defendant to pay the costs of the proceedings,

together with all related fees and expenses.

Pleas in law and main arguments

The present action is brought against the measure by which the
Commission declined to award the applicant
the contract
covered by invitation to tender ENV.G.1./SER/2008/0050 for
the creation of land use models and, in particular, for the assess-
ment of environmental impact.

In support of its claims, the applicant submits that:

— the decision was incorrect in so far as it stated that the
applicant's bid focused exclusively on the Driving force-Pres-
sure-State-Impact-Response (DPSIR) model; in any event, the
tender specifications specifically require the integrated use of
‘social, economic and environmental institutional indicators
of land use changes’, with DPSIR being the most interna-
tionally established tool for the management and integration
of such indicators. Moreover, DPSIR has been developed and
properly used by the European Environment Agency. The
in fact proposed by the applicant is a DPSIR model
tool
updated in accordance with an innovative methodology and
already successfully used in several projects of the United
Nations and the International Union for the Conservation of
Nature (IUCN);

— contrary to what is stated in the contested decision,

it is
specifically stated in the applicant's bid that a land use
model will be developed integrating the various models
arising from the Sixth Framework Research Programme;

— there is no reason to doubt the appropriateness of involving
the applicant's director in the implementation of the project;

Parties

Applicant: Eridania Sadam SpA (Bologna, Italy) (represented by:
G.M. Roberti, lawyer, I. Perego, lawyer, B. Amabile, lawyer, and
M. Serpone, lawyer)

Defendant: Commission of the European Communities

Forms of order sought

The applicant claims that the Court should:

— annul the contested Decision;

— require by way of measure of inquiry, in accordance with
Articles 65 and 66 of the Rules of Procedure, the produc-
tion before the Court of the documents in the Commission's
case-file;

— order the Commission to pay the costs.

Pleas in law and main arguments

By the present action, Eridania Sadam SpA contests, in accord-
ance with the fourth paragraph of Article 230 EC, the Commis-
sion's decision of 16 July 2008 in State aid case C 29/2004
(ex N 328/2003).

In support of its action, the applicant relies on four pleas in law,
respectively alleging:

— misapplication of Article 87(1) EC to the facts and, in any
event, erroneous assessment of the facts and failure to state
sufficient reasons, in so far as the Commission found that
the financial aid scheme duly notified by the Italian authori-
ties was likely,
trade between
Member States and to distort competition;

implemented,

to affect

if