Case T-511/08 R: Order of the President of the Court of First Instance of 23 January 2009 — Unity OSG FZE v Council and EUPOL Afghanistan (Application for interim measures — Public procurement — Rejection of a tender — Application for suspension of operation of a measure — Loss of opportunity — No urgency)
Date: 2009-01-23
Institutions: Court of First Instance
Subjects: Afghanistan, General Court (EU), civil defence, invitation to tender, provision of services, public contract

4.4.2009

EN

Official Journal of the European Union

C 82/25

Order of the President of the Court of First Instance of
23 January 2009 — Pannon Hőerőmű v Commission

(Case T-352/08 R)

Defendants: Council of the European Union (represented by: G.
Marhic and A. Vitro, Agents) and European Union Police
Mission in Afghanistan (EUPOL Afghanistan) (Kabul, Afghani-
stan)

(Interim measures — State aid — Commission decision
declaring State aid granted by Hungary in favour of certain
electricity producers by way of electricity purchasing agree-
ments incompatible with the common market — Application
for stay of execution — Lack of urgency — Balancing of
interests)

(2009/C 82/44)

Language of the case: Hungarian

Re:

Application for suspension of the operation of the decision,
taken by EUPOL Afghanistan in the context of a call for tenders,
to reject the applicant's tender and to award the contract for the
provision of guarding and close protection services in Afghani-
stan to another tenderer.

Operative part of the order

1. The application for interim measures is dismissed.

Parties

Applicant: Pannon Hőerőmű Energiatermelő, Kereskedelmi és
Szolgáltató Zrt. (Pannon Hőerőmű Zrt.) (Pécs, Hungary) (repre-
sented by: M. Kohlrusz, P. Simon and G. Ormai, lawyers)

Defendant: Commission of the European Communities (repre-
sented by: C. Giolito and K. Talabér-Ritz, acting as Agents)

2. Costs are reserved.

(1) OJ C 32, 7.2.2009.

Re:

Application for stay of execution of Article 2 of Commission
Decision C(2008) 2223 final of 4 June 2008 on State aid
granted by the Republic of Hungary by way of electricity
purchasing agreements.

Operative part of the order

1. The application for interim measures is rejected.

2. Costs are reserved.

Parties

Action brought on 3 October 2008 — CISAC v
Commission

(Case T-442/08)

(2009/C 82/46)

Language of the case: English

Order of the President of the Court of First Instance of
23 January 2009 — Unity OSG FZE v Council and EUPOL
Afghanistan

(Case T-511/08 R) (1)

(Application for interim measures — Public procurement —
Rejection of a tender — Application for suspension of opera-
tion of a measure — Loss of opportunity — No urgency)

(2009/C 82/45)

Language of the case: English

Parties

Applicant: Unity OSG FZE (Sharjah, United Arab Emirates)
(represented by: C. Bryant and J. McEwen, Solicitors)

Applicant: International Confederation of Societies of Authors
and Composers (CISAC) (Neuilly-sur-Seine, France) (represented
by: J.-F. Bellis and K. Van Hove, lawyers)

Defendant: Commission of the European Communities

Form of order sought

— annul Article 3 of the Commission decision of 16 July 2008
relating to a proceeding under Article 81 EC and
Article 53 EEA (Case COM/C2/38.698 — CISAC); and

— order the Commission to pay the costs.

Pleas in law and main arguments

By means of this application, the applicant seeks the annulment,
pursuant to Article 230 EC, of Article 3 of the Commission
decision of 16 July 2008 (Case COM/C2/38.698 — CISAC),
determining that 24 of CISAC's EEA based societies engaged in
a concerted practice in violation of Article 81 EC and
Article 53 EEA ‘by coordinating the territorial delineations of
the reciprocal representation mandates granted to one another
in a way which limits a licence to the domestic territory of each
collecting society’.