Case T-582/08: Action brought on 30 December 2008 — Carpent Languages v Commission
Date: 2008-12-30
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), damages, equal treatment, invitation to tender, sexual discrimination

21.3.2009

EN

Official Journal of the European Union

C 69/43

Decision of the Opposition Division: Allowed the opposition in its
entirety

Pleas in law and main arguments

Decision of the Board of Appeal: Annulled the contested decision
and dismissed the opposition

Pleas in law: Infringement of Article 8(1)(b) of Council Regu-
lation 40/94 as the Board of Appeal wrongly assessed that there
was no likelihood of confusion between the trade marks
concerned; Infringement of Article 8(5) of Council Regulation
40/94 as the Board of Appeal failed to find that the trade mark
cited in the opposition proceedings has reputation in the United
Kingdom.

Action brought on 30 December 2008 — Carpent
Languages v Commission

(Case T-582/08)

(2009/C 69/96)

Language of the case: French

Parties

Applicant: Carpent Languages SPRL (Brussels, Belgium) (repre-
sented by: P. Goergen, lawyer)

The applicant contests the decision of the Commission to reject
its tender made in respect of the call for tenders for lot No 4 of
the contract notice ‘Multiple framework contracts for meeting
and conference organisation services’ (OJ 2008 S 58-77561),
and the decision to award the contract to another tenderer. The
applicant also seeks compensation for the loss allegedly caused
by the contested decision.

In support of its action, the applicant raises three pleas in law,
alleging:

tenderer nor the advantages of

— breach of the duty to state reasons, since the Commission
the number of points obtained by the
stated neither
successful
the successful
tender over that of the applicant; furthermore, the Commis-
sion did not inform the applicant which of the two case
studies which it submitted did not obtain a sufficient
number of points;

— a manifest error of assessment,

in that

the Evaluation
Committee attributed a score of less than 70 points to one
of the case studies submitted by the applicant despite the
fact that the applicant set out in detail, in accordance with
the specifications, the approach which it would have taken
to supply the services required, the means which it would
have allocated to the different tasks, the work schedule and
an estimate of the costs;

— a breach of the principles of equal treatment and non-discri-
mination as defined in Article 89(1) of the Financial Regu-
lation, since the successful tenderer did not fulfil the selec-
tion criteria in respect of technical capacity.

Defendant: Commission of the European Communities

Action brought on 22 December 2008 — Evropaïki
Dynamiki v Commission

Form of order sought

— Declare the action admissible and well founded;

— Accordingly, annul

the decision to reject

the applicant's

tender;

— Annul the decision awarding the contract to ADIE TECH-

NICS SPRL;

Parties

(Case T-589/08)

(2009/C 69/97)

Language of the case: English

— In the alternative, in the event that the Court does not grant
the application for annulment of
the contested decision,
order the Commission to pay the applicant the sum of
EUR 200 000 (two hundred thousand Euros) as compensa-
tion for the applicant's pecuniary and non-pecuniary losses;

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

— Order the Commission of the European Communities to

pay all the costs.

Defendant: Commission of the European Communities