Case T-569/15: Action brought on 25 September 2015 — Fondazione Casamica v Commission and EASME
Date: 2015-09-25
Institutions: General Court
Subjects: Campania, archaeology, consortium, executive agency, invitation to tender, public authorities, small and medium-sized enterprises, tourism








C_2015398EN.01006901.xml










30.11.2015   


EN


Official Journal of the European Union


C 398/69





Action brought on 25 September 2015 — Fondazione Casamica v Commission and EASME
(Case T-569/15)
(2015/C 398/83)
Language of the case: Italian

Parties


Applicant: Fondazione Casamica (Salerno, Italy) (represented by: M. Lamberti, lawyer)

Defendants: Executive Agency for Small and Medium-sized enterprises (EASME), European Commission

Form of order sought

The applicant claims that the General Court should:






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annul the contested measure: Results of the evaluation — Ineligible proposal. Proposal: A4A, 699442 — Decision ref. Ares (2015)3187639, notified on 29 July 2015, adopted by the European Commission, EASME Executive Agency for Small and Medium-sized enterprises, inasmuch as it is unlawful for the reasons stated;










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declare the proposal to participate, Proposal number A4A, 699442, acronym A4A, title: Archaeology 4 All, to be suitable and admit to the tender procedure the applicant and its partners, within the framework of the consortium formed for the purpose of taking part in that procedure.





Pleas in law and main arguments

The call for proposals forming the subject-matter of this action is intended to establish, define and develop a model for accessible tourism which, after identifying the difficulties linked to disabilities, overcomes them by means of a standard model which represents an appropriate response and may be offered at every site of cultural and archaeological interest.
The eligibility requirements for submitting a project included, in addition to specialised and long-standing experience in the specific sector and in addition to a legal person closely associated with the objectives of the proposal, the presence of a national, regional or local governmental authority.
In support of the action, the applicant relies on two pleas in law.






1.


First plea in law, concerning the eligibility of the proposal.






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The Supervisory Authority for Archaeology, Campania (Soprintendenza Archeologia della Campania) is a body recognised as a governmental authority in that it is a local managing department of the Ministry of Cultural Heritage and Activities and Tourism (Ufficio Dirigenziale Periferico del Ministero dei Beni e delle Attività Culturali e del Turismo).














2.


Second plea in law, concerning the legal nature of the Soprintendenza, a partner in the consortium






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In the coordination of departments having general management functions within the Ministry, the Prime Minister, by Decree No 171 of 29 August 2014, recognised the supervisory authorities as local managing departments whose nature, legal form and function derive from and are defined within the legal and administrative structure of the Ministry itself of which they are an integral part; they do not exercise delegated powers and cannot be regarded as bodies which act by delegation on behalf of a government authority.