do-me/EUR-LEX huggingface dataset:
Case T-219/12: Action brought on 28 May 2012 — Saobraćajni institut CIP v Commission
Date: 2012-05-28
Institutions: General Court
Subjects: Serbia, award of contract, invitation to tender, rail network








C_2012227EN.01002401.xml










28.7.2012   


EN


Official Journal of the European Union


C 227/24





Action brought on 28 May 2012 — Saobraćajni institut CIP v Commission
(Case T-219/12)
2012/C 227/40
Language of the case: English

Parties


Applicant: Saobraćajni institut CIP d.o.o. (Belgrade, Serbia) (represented by: A. Lojpur, lawyer)

Defendant: European Commission

Form of order sought







—


Annul a call for tender published on 27 March 2012, concerning preparation of technical documentation for the rail modernization project ‘Doubling and upgrading of existing railway corridor Xb, section Novi Sad (excluding the junction)–Subotica–Hungarian border’ in accordance with EU interoperability standards, AGC, AGTC and the SEECP Agreement (OJ 2012/S 60-096517), excluding the applicant from participating in it;










—


Award damages for the alleged pecuniary loss;










—


Order the defendant to pay the costs of the proceedings.





Pleas in law and main arguments

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






1.


First plea in law, alleging






—


that there was no legal ground for a priori exclusion of the applicant in participating in a call for tender in question since there was no conflict of interest;














2.


Second plea in law, alleging






—


that the applicant’s exclusion from tender is contrary to IPA Regulation (1);














3.


Third plea in law, alleging






—


that the conditions for awarding the contract were unlawful.










(1)  Council Regulation (EC) No 1085/2006 of 17.7.2006 establishing an Instrument for Pre-Accession Assistance (IPA) (OJ L 210, p. 82)
Case F-57/12: Action brought on 28 May 2012 — ZZ v Commission
Date: 2012-05-28
Institutions: Civil Service Tribunal
Subjects: disability insurance, indemnification








C_2012227EN.01003703.xml










28.7.2012   


EN


Official Journal of the European Union


C 227/37





Action brought on 28 May 2012 — ZZ v Commission
(Case F-57/12)
2012/C 227/63
Language of the case: Italian

Parties


Applicant: ZZ (represented by: G. Cipressa, lawyer)

Defendant: European Commission

Subject-matter and description of the proceedings

Application for annulment of the Commission’s decision to reduce the applicant’s invalidity allowance for the months of June to September 2011.

Form of order sought







—


Annul the Commission’s decision, in so far as, ultraque incerta sunt, it exists, rejecting the request of 19 October 2011;










—


Annul the Commission’s decision, in so far as, ultraque incerta sunt, it exits, rejecting the request of 20 October 2011;










—


Annul each of the decisions, if and to the extent that, ultraque incerta sunt, they exist, on the basis of which the Commission unlawfully deducted from each monthly instalment of the invalidity allowance to which the applicant was entitled for the months of June to September 2011 sums totalling EUR 1 661, and annul the decisions, if and to the extent that they exist, to make those deductions;










—


Order the Commission to pay to the applicant the sum of EUR 1 661, together with interest on that sum at the rate of 15 % per annum, with annual capitalisation, from 27 October 2011 until the date on which sums in question are actually paid,










—


Order the Commission to pay the costs.
Case F-58/12: Action brought on 28 May 2012 — ZZ v Commission
Date: 2012-05-28
Institutions: Civil Service Tribunal
Subjects: European civil service, damages, enforcement of ruling, indemnification








C_2012295EN.01003301.xml










29.9.2012   


EN


Official Journal of the European Union


C 295/33





Action brought on 28 May 2012 — ZZ v Commission
(Case F-58/12)
2012/C 295/57
Language of the case: Italian

Parties


Applicant: ZZ (represented by: G. Cipressa, lawyer)

Defendant: European Commission

Subject-matter and description of the proceedings

Application for (i) annulment of the implied decision rejecting the applicant’s request relating to the defendant’s compliance with the judgment of the Civil Service Tribunal of 4 November 2008 in Case F-41/06 Marcuccio v Commission and (ii) compensation for the harm which the applicant claims to have suffered.

Form of order sought







—


Annul the decision issued by — or in any event attributable to — the Commission rejecting — howsoever and whether in full or in part — the claims set out in the application of 25 March 2011;










—


annul the decision issued by — or in any event attributable to — the Commission rejecting — howsoever and whether in full or in part — the claims set out in the application of 17 October 2011;










—


in so far as necessary, declare that, by failing to adopt, even in part, the measures necessary to comply with the judgment of the Civil Service Tribunal of 4 November 2008 in Case F-41/06 Marcuccio v Commission, within a reasonable time of that judgment’s delivery, the Commission has acted unlawfully;










—


order the Commission to pay the applicant the sum of EUR 70 000 by way of compensation for the wrongful damage sustained by the applicant as a result of the Commission’s unlawful failure to adopt all the measures necessary for compliance with the judgment of 4 November 2008;










—


order the Commission to pay the costs.
Case T-223/12: Action brought on 28 May 2012 — Ntouvas v ECDC
Date: 2012-05-28
Institutions: General Court
Subjects: access to EU information, audit








C_2012227EN.01002501.xml










28.7.2012   


EN


Official Journal of the European Union


C 227/25





Action brought on 28 May 2012 — Ntouvas v ECDC
(Case T-223/12)
2012/C 227/42
Language of the case: English

Parties


Applicant: Ioannis Ntouvas (Sundbyberg, Sweden) (represented by: E. Mylonas, lawyer)

Defendant: European Centre for Disease Prevention and Control (Stockholm, Sweden)

Form of order sought







—


Annul the decision of 27 March 2012 of the defendant to refuse the applicant access to final reports of audits carried out on ECDC by the Internal Audit Service of the European Commission; and










—


Order the defendant to pay the costs.





Pleas in law and main arguments

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






1.


First plea in law, alleging infringement of an essential procedural requirement (obligation to state reasons), thereby infringing Article 8(1) of Regulation (EC) No 1049/2001 (1) and Article 41(2)(c) of the Charter of Fundamental Rights of the European Union, as:






—


The defendant stated only abstract and general reasons for refusing access to any, and all, reports it holds of audits carried out on ECDC by the Internal Audit Service of the European Commission; it moreover failed to demonstrate that an overriding public interest in disclosure did not exist;










—


According to settled case-law, reasons stated for refusing access to documents must be concrete and individual, as well as specific and describe effectively the eventual interest prevailing over the applicant’s right of access, while demonstrating the non-existence of an overriding public interest in disclosure.














2.


Second plea in law, alleging infringement of the Treaties (Art. 15(3) TFEU) and of a rule of law (Regulation (EC) No 1049/2001) relating to their application, as:






—


By failing to state appropriate and sufficient reasons for refusing to disclose the requested documents, the defendant also breached its obligation under Articles 2(1) and 8(1) of Regulation (EC) No 1049/2001 and Article 15(3) TFEU to grant the applicant access to the requested documents within 15 working days from registration of his confirmatory application.










(1)  Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ 2001 L 145, p. 43)