Case T-125/06: Judgment of the Court of First Instance of 28 January 2009 — Centro Studi Manieri v Council (Public service contracts — Tendering procedure for full crèche management — Decision to have recourse to the services of the Office for Infrastructure and Logistics (OIB) and to abandon a tendering procedure)
Date: 2009-01-28
Institutions: Court of First Instance
Subjects: Council of the European Union, action for annulment (EU), administrative transparency, award of contract, child care, invitation to tender, management, restriction on competition

C 69/34

EN

Official Journal of the European Union

21.3.2009

COURT OF FIRST INSTANCE

Judgment of the Court of First Instance of 10 February 2009
— Deutsche Post and DHL International v Commission

Judgment of the Court of First Instance of 28 January 2009
— Centro Studi Manieri v Council

(Case T-388/03) (1)

(Case T-125/06) (1)

(State aid — Decision not to raise objections — Action for
annulment — Standing to bring proceedings — Admissibility
— Serious difficulties)

(Public service contracts — Tendering procedure for full crèche
management — Decision to have recourse to the services of
the Office for Infrastructure and Logistics (OIB) and to
abandon a tendering procedure)

(2009/C 69/79)

Language of the case: German

Parties

Applicant: Deutsche Post AG (Bonn, Germany) and DHL Interna-
tional
J. Sedemund and
T. Lübbig, lawyers)

(Diegem, Belgium)

(represented by:

Defendant: Commission of the European Communities (repre-
sented by: V. Kreuschitz and M. Niejahr, Agents)

(2009/C 69/80)

Language of the case: Italian

Parties

Applicant: Centro Studi Antonio Manieri Srl (Rome, Italy) (repre-
sented by: C. Forte, M. Forte and G. Forte, lawyers)

Defendant: Council of
A. Vitro, P. Mahnič and M. Balta, acting as Agents)

the European Union (represented by:

Re:

Re:

Annulment of Commission Decision C(2003) 2508 final of
23 July 2003 raising no objections, following the preliminary
examination procedure provided for in Article 88(3) EC, to
various measures adopted by the Belgian authorities in favour of
La Poste SA, the Belgian public postal undertaking.

Operative part of the judgment

The Court:

Application, first, for annulment of the decision of the Council,
made public by letter of its General Secretariat of 16 January
2006, abandoning the tendering procedure 2003/S 209-187862
for the full management of a crèche; second, for annulment of
the decision to accept the proposal of the Office for Infrastruc-
ture and Logistics (OIB) for the management of those services;
and, third, for damages.

1. Annuls Commission Decision C(2003) 2508 final of 23 July
2003 raising no objections, following the preliminary examination
procedure provided for in Article 88(3) EC, to various measures
adopted by the Belgian authorities in favour of La Poste SA, the
Belgian public postal undertaking;

The Court:

1. Dismisses the action;

Operative part of the judgment

2. Orders the Commission to bear its own costs and to pay those

incurred by Deutsche Post AG and DHL International.

2. Orders Centro Studi Antonio Manieri Srl to pay its own costs as

well as the costs incurred by the Council.

(1) OJ C 35, 7.2.2004.

(1) OJ C 131, 3.6.2006.