do-me/EUR-LEX huggingface dataset:
Case T-553/11: Action brought on 14 October 2011 — European Dynamics Luxembourg v ECB
Date: 2011-10-14
Institutions: General Court
Subjects: administrative transparency, indemnification, infringement of EU law, invitation to tender, tendering








C_2012006EN.01002001.xml










7.1.2012   


EN


Official Journal of the European Union


C 6/20





Action brought on 14 October 2011 — European Dynamics Luxembourg v ECB
(Case T-553/11)
2012/C 6/37
Language of the case: English

Parties


Applicant: European Dynamics Luxembourg SA (Ettelbrück, Luxembourg) (represented by: N. Korogiannakis and M. Dermitzakis, lawyers)

Defendant: European Central Bank

Form of order sought







—


Annul the decision of the defendant to reject the joint application of the temporary grouping, led and represented by the applicant, filed in response to the call for applications to participate in the call for tender with reference number 14159/IS/2010 (OJ 2011/S 75-121894), in particular for the services covered by lot 1 of the said tender;










—


Annul the decision of the defendant to reject the applicant’s appeal submitted in accordance with the appeal procedure as defined in section IV.2.1 of the abovementioned call for applications and under the conditions set out in Article 33 of Decision ECB/2007/5 (1);










—


Annul all related decisions of the defendant;










—


Order the defendant to pay damages to the applicant, pursuant to Articles 256, 268 and 340 TFEU, for loss of opportunity and damages to its reputation and credibility on account of the tender procedure in question for an amount of EUR 2 000 000,00;










—


Order the defendant to pay the applicant’s legal and other costs and expenses incurred in connection with this application.





Pleas in law and main arguments

In support of the action, the applicant relies on four pleas in law.






1.


First plea in law, alleging that the defendant infringed the obligation to state reasons and failed to disclose the relative merits of the successful candidates. In addition, the applicant alleged that the defendant used vague selection criteria, introduced new criteria during the evaluation and failed to comply with the provisions of Article 28(3) of the Decision ECB/2007/5. Finally, the applicant claims that the defendant infringed the rights of defence and the principle of transparency and good administration.










2.


Second plea in law, alleging that the defendant committed manifest errors of assessment as it failed to comply with Article 25 of Decision ECB/2007/5 and with the tender specifications.










3.


Third plea in law, alleging that the defendant infringed Article 20 of Decision ECB/2007/5 and the principle of sound administration.










4.


Fourth plea in law, alleging that by dismissing its appeal as inadmissible, the defendant infringed Article 28(3) of the Decision ECB/2007/5.






(1)  Decision of the European Central Bank of 3 July 2007 laying down the Rules on Procurement (OJ 2007 L 184, p. 34)
Information communicated by Member States regarding closure of fisheries
Date: 2011-10-14
Institutions: European Commission
Subjects: Atlantic Ocean, Portugal, catch of fish, common fisheries policy, fishing rights, sea fish








C_2011303EN.01000801.xml










14.10.2011   


EN


Official Journal of the European Union


C 303/8





Information communicated by Member States regarding closure of fisheries
2011/C 303/06
In accordance with Article 35(3) of Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (1), a decision has been taken to close the fishery as set down in the following table:






Date and time of closure


16.9.2011




Duration


16.9.2011-31.12.2011




Member State


Portugal




Stock or Group of stocks


BET/ATLANT




Species


Bigeye tuna (Thunnus obesus)




Zone


Atlantic Ocean




Type(s) of fishing vessels


—




Reference number


—




Web link to the decision of the Member State:
http://ec.europa.eu/fisheries/cfp/fishing_rules/tacs/index_en.htm


(1)  OJ L 343, 22.12.2009, p. 1.
Euro exchange rates
Date: 2011-10-14
Institutions: European Commission
Subjects: euro, exchange rate








C_2011303EN.01000601.xml










14.10.2011   


EN


Official Journal of the European Union


C 303/6





Euro exchange rates (1)

13 October 2011
2011/C 303/04

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,3727




JPY


Japanese yen


105,48




DKK


Danish krone


7,4450




GBP


Pound sterling


0,87585




SEK


Swedish krona


9,1374




CHF


Swiss franc


1,2335




ISK


Iceland króna


 




NOK


Norwegian krone


7,7570




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


24,746




HUF


Hungarian forint


291,80




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7055




PLN


Polish zloty


4,3168




RON


Romanian leu


4,3203




TRY


Turkish lira


2,5174




AUD


Australian dollar


1,3536




CAD


Canadian dollar


1,4030




HKD


Hong Kong dollar


10,6792




NZD


New Zealand dollar


1,7352




SGD


Singapore dollar


1,7560




KRW


South Korean won


1 591,54




ZAR


South African rand


10,8297




CNY


Chinese yuan renminbi


8,7580




HRK


Croatian kuna


7,4808




IDR


Indonesian rupiah


12 179,44




MYR


Malaysian ringgit


4,3096




PHP


Philippine peso


59,552




RUB


Russian rouble


42,9275




THB


Thai baht


42,320




BRL


Brazilian real


2,4217




MXN


Mexican peso


18,3118




INR


Indian rupee


67,4410






(1)  Source: reference exchange rate published by the ECB.
2011/687/CFSP: Council Decision 2011/687/CFSP of 14 October 2011 amending Joint Action 2008/124/CFSP on the European Union Rule of Law Mission in Kosovo, EULEX KOSOVO
Date: 2011-10-14
Institutions: Council of the European Union
Subjects: Kosovo, fact-finding mission, rule of law, the EU's international role




L_2011270EN.01003101.xml










15.10.2011   


EN


Official Journal of the European Union


L 270/31








            COUNCIL DECISION 2011/687/CFSP
of 14 October 2011
         
amending Joint Action 2008/124/CFSP on the European Union Rule of Law Mission in Kosovo (1), EULEX KOSOVO


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Articles 28 and 43(2) thereof,

Whereas:







(1)


On 4 February 2008, the Council adopted Joint Action 2008/124/CFSP (2).












(2)


On 9 June 2009, the Council adopted Joint Action 2009/445/CFSP (3), which amended Joint Action 2008/124/CFSP by increasing the financial reference amount to cover the expenditure of the European Union Rule of Law Mission in Kosovo (‘EULEX KOSOVO’) until the expiry of Joint Action 2008/124/CFSP.












(3)


On 8 June 2010, the Council adopted Decision 2010/322/CFSP (4), which amended and extended Joint Action 2008/124/CFSP for a period of 2 years until 14 June 2012, and laid down the financial reference amount until 14 October 2010.












(4)


The financial reference amount provided in Council Decision 2010/619/CFSP, of 15 October 2010, amending Joint Action 2008/124/CFSP on the European Union Rule of Law Mission in Kosovo, EULEX KOSOVO (5), and intended to cover the expenditure related to EULEX KOSOVO until 14 October 2011 should cover the period until 14 December 2011.












(5)


EULEX KOSOVO will be conducted in the context of a situation which may deteriorate and could impede the achievement of the objectives of the common foreign and security policy as set out in Article 21 of the Treaty.












(6)


Joint Action 2008/124/CFSP should be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
Article 16(1) of Joint Action 2008/124/CFSP is hereby replaced by the following:

‘1.   The financial reference amount intended to cover the expenditure of EULEX KOSOVO until 14 October 2010 shall be EUR 265 000 000.
The financial reference amount intended to cover the expenditure of EULEX KOSOVO from 15 October 2010 until 14 December 2011 shall be EUR 165 000 000.
The financial reference amount for the subsequent period for EULEX KOSOVO shall be decided by the Council.’.



Article 2
This Decision shall enter into force on the date of its adoption.




Done at Brussels, 14 October 2011.


For the Council


The President

M. DOWGIELEWICZ
            





(1)  Under United Nations Security Council Resolution 1244 (1999).

(2)  
            OJ L 42, 16.2.2008, p. 92.

(3)  
            OJ L 148, 11.6.2009, p. 33.

(4)  
            OJ L 145, 11.6.2010, p. 13.

(5)  
            OJ L 272, 16.10.2010, p. 19.