CELEX: C2002/156/34
Language: en
Date: 2002-06-29 00:00:00
Title: Judgment of the Court of First Instance of 26 February 2002 in Case T-169/00, Esedra SPRL v Commission of the European Communities (Public contract for the supply of services — Day nursery management services — Principle of non-discrimination — Contract notice — Contract documents — Reasons for decision not to award contract — Misuse of powers)

C 156/18                EN                     Official Journal of the European Communities                                        29.6.2002
2.     Orders the Commission to pay the costs.                                JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                                of 26 February 2002
(1) OJ C 6 of 8.1.2000 and C 211 of 22.7.2000.
                                                                          in Case T-169/00, Esedra SPRL v Commission of the
                                                                                            European Communities (1)
                                                                          (Public contract for the supply of services — Day nursery
     JUDGMENT OF THE COURT OF FIRST INSTANCE                              management services — Principle of non-discrimination —
                                                                          Contract notice — Contract documents — Reasons for
                                                                               decision not to award contract — Misuse of powers)
                          of 6 March 2002
in Joined Cases T-92/00 and T-103/00, Territorio Histórico                                        (2002/C 156/34)
de Álava — Diputación Foral de Álava and Others v
         Commission of the European Communities (1)
                                                                                             (Language of the case: French)
(State aid — Concept of State aid — Tax measures —
Selective nature — Justification owing to the nature or
         scheme of the tax system — Misuse of powers)
                          (2002/C 156/33)
                                                                          In Case T-169/00: Esedra SPRL, established in Brussels
                                                                          (Belgium), represented by G. Vandersanden, E. Gillet and
                    (Language of the case: Spanish)                       L. Levi, lawyers, with an address for service in Luxembourg,
                                                                          against Commission of the European Communities (Agents:
                                                                          initially by X. Lewis and L. Parpala, and, subsequently, H. van
                                                                          Lier and L. Parpala) — application first, for the suspension of
In Joined Cases T-92/00, Territorio Histórico de Álava —                operation of the Commission’s decision not to award to the
Diputación Foral de Álava, represented by A. Creus Carreras             applicant the public contract relating to invitation to tender
and B. Uriarte Valiente, lawyers, and T-103/00 Ramondı́n                  No 99/52/IX.D.1, notified to the applicant by letter of 31 May
SA, established in Logroño (Spain), Ramondı́n Cápsulas SA,              2000, and the Commission’s decision to award the contract to
established in Laguardia (Spain), represented by J. Lazcano-              a group of Italian companies represented by Centro Studi
Iturburu, lawyer, against Commission of the European Com-                 Antonio Manieri Srl, notified to the applicant by letter of
munities (Agents: F. Santaolalla, G. Rozet and G. Valero                  9 June 2000, and, second, for compensation for the damage
Jordana) — application for the annulment of Commission                    allegedly caused by those decisions — the Court of First
Decision 2000/795/EC of 22 December 1999 on the State aid                 Instance (Fifth Chamber), composed of P. Lindh, President of
implemented by Spain for Ramondı́n SA and Ramondı́n                       the Chamber, R. Garcı́a-Valdecasas and J.D. Cooke, Judges;
Cápsulas SA (OJ 2000 L 318, p. 36) — the Court of First                  B. Pastor, Administrator, for the Registrar, has given a judg-
Instance (Third Chamber, Extended Composition), composed                  ment on 26 February 2002, in which it:
of J. Azizi, President of the Chamber, K. Lenaerts, V. Tiili,
R.M. Moura Ramos and M. Jaeger, Judges; J. Plingers, Adminis-
trator, for the Registrar, has given a judgment on 6 March
2002, in which it:                                                        1.    Dismisses the application.
1.     Dismisses the actions.                                             2.    Orders the applicant to pay its own costs and those of the
                                                                                Commission, including the costs incurred in the proceedings for
                                                                                interim measures.
2.     Orders the applicants to pay their own costs and also those
       incurred by the Commission.
                                                                          (1) OJ C 259 of 9.9.2000.
( 1) OJ C 163 of 10.6.2000.