CELEX: C2003/289/66
Language: en
Date: 2003-11-29 00:00:00
Title: Case T-333/03: Action brought on 30 September 2003 by Masdar (U.K.) Ltd against Commission of the European Communities

C 289/32               EN                          Official Journal of the European Union                                        29.11.2003
The applicant claims, first, that the successful tenderer received         Pleas in law and main arguments
favourable financial treatment, to the detriment of the other
tenderers. The applicant also alleges that the successful tenderer
had privileged access to essential information. The applicant
alleges in particular that the other tenderers did not have                According to the applicant, its claim arises out of two TACIS
access to certain essential technical information on the current           contracts between the Commission and a contractor regarding
status of the database for the CORDIS project.                             two projects in Moldova and Russia. The contractor subcon-
                                                                           tracted with the applicant to provide some of the services.
                                                                           When the applicant discovered what it considered to be
                                                                           irregularities on the part of the contractor, it informed the
The applicant also submits that the criteria used in the award
of the tender do not conform to those laid down in the                     Commission Services. On the understanding that it would be
                                                                           paid for the services rendered, the applicant carried out the
contract documents and that the Commission applied in a
                                                                           services necessary for completion of the projects covered
discriminatory manner the criteria published in the contract
                                                                           by the contracts. Subsequently, the Commission ceased all
documents for the selection of the tender giving the best
quality/price ratio.                                                       payments to the contractor and issued recovery orders for
                                                                           amounts already paid to the contractor.
                                                                           The applicant claims that the Commission’s failure to pay the
                                                                           sum of EUR 448 947,78 is wrongful and has caused the
                                                                           applicant additional loss. The applicant argues that the Com-
                                                                           mission has had the benefit of the services provided by the
                                                                           applicant but has not paid anyone for such services. The
Action brought on 30 September 2003 by Masdar (U.K.)                       applicant claims that the Commission is obliged to pay the
  Ltd against Commission of the European Communities                       applicant for the services provided on the basis of the principles
                                                                           of unjust enrichment, gestion d’affaires, legitimate expectation
                                                                           and general principles of fault liability. In addition, the
                         (Case T-333/03)                                   applicant claims interest and damages for loss consequential
                                                                           upon the Commission’s alleged illegal failure to pay the
                                                                           applicant for the services.
                        (2003/C 289/66)
                   (Language of the case: English)
An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 30 September 2003 by Masdar
(U.K.) Ltd, Eversley, Hampshire, (United Kingdom), represented             Action brought on 29 September 2003 by Deutsche Post
by Philip Bentley QC and Patrick Green, Barrister.                         EURO EXPRESS GmbH against the Office for Harmonis-
                                                                             ation in the Internal Market (Trade Marks and Designs)
The applicant claims that the Court should:
                                                                                                   (Case T-334/03)
—    order the Commission to pay to the applicant:
                                                                                                   (2003/C 289/67)
     i)     the sum of EUR 448 947,78
     ii)    interest on the said sum as at 31 July 2003 in the                               (Language of the case: German)
            amount of £ 98 121,24 plus interest from 1 August
            2003 until the date of judgment
     iii)   compensation for material damage, loss of profits
            and non-material damage in an amount of
                                                                           An action against the Office for Harmonisation in the Internal
            £ 1 532 931,09;                                                Market (Trade Marks and Designs) was brought before the
                                                                           Court of First Instance of the European Communities on
—    order the Commission to pay the costs of the present                  29 September 2003 by Deutsche Post EURO EXPRESS GmbH,
     proceedings.                                                          represented by Gabriele Lindhofer.