CELEX: C1995/087/33
Language: en
Date: 1995-04-08 00:00:00
Title: Action brought on 8 February 1995 by Marco Mazzocchi-Alemanni against the Commission of the European Communities (Case T-21/95)

8 . 4 . 95          I EN |                Official Journal of the European Communities                                  No C 87/15
Instance of the European Communities on 7 February 1995              ( Gabon), represented by Nicolas Lhoest, of the Brussels Bar,
by SA Adia Interim, the head office of which is in Brussels,         with an address for service in Luxembourg at the office of
represented by Vincent Thiry, of the Liege Bar, with an              Myson Sari, 1 Rue Glesener.
address for service in Luxembourg at the Chambers of Tom
Gilliams, 47 Grand Rue.                                              The applicant claims that the Court should:
The applicant claims that the Court should:                          — annul the decision of the Commission of 4 May 1994
                                                                         refusing the applicant full reimbursement of his medical
— declare the application admissible and well-founded,                   expenses in accordance with Article 24 of Annex X to
                                                                         the Staff Regulations,
— annul the decisions taken,
                                                                     — order the defendant to pay in full the difference between
                                                                         the expenditure actually incurred and payments from
— order the Commission of the European Communities to
                                                                         the Joint Sickness Insurance Scheme,
     pay the applicant all the costs of the proceedings,
     including, in particular, travel and subsistence expenses       — declare that the General Provisions implementing the
     and the fees of the applicant's adviser.                             first and second paragraphs of Annex X to the Staff
                                                                          Regulations are unlawful,
Pleas in law and main arguments adduced in support:
                                                                     — order the defendant to pay all the costs.
The applicant, a company incorporated under Belgian law
which has been engaged for nine years in contractual                 Pleas in law and main arguments adduced in support:
relations with the Commission involving the placing of
temporary workers at the latter's disposal with a view to the        The applicant pleads, first, infringement of Article 24 of
performance by them of miscellaneous duties in the                   Annex X to the Staff Regulations. He points out that that
premises of the Commission, contests the Commission's                Article contains no mention of any restriction or ceiling on
decision, adopted in the context of the invitation to tender         reimbursement, regardless of the expenditure actually
issued in that field on 13 July 1994, to award the contract to       incurred, and that, as a result, as soon as an official becomes
other undertakings.                                                  eligible under Article 24 of Annex X to the Staff
                                                                     Regulations, he is entitled to reimbursement of all expenses
It maintains that the contested decision is vitiated by the          not covered by the Joint Sickness Insurance Scheme.
absence of any express statement of reasons, to which
particular importance attaches in public contract matters by         The applicant also maintains that the General Provisions
virtue of Article 12 of Directive 92/50/EEC relating to the          implementing the first and second paragraphs of Annex X to
coordination of procedures for the award of public service           the Staff Regulations are unlawful, inasmuch as they
contracts, which obliges the contracting authority to inform         provide for an 'excessiveness threshold' beyond which
any eliminated tenderer who so requests of the reasons for           medical expenses are not reimbursed. He considers that
rejection of his tender and of the name of the successful            limitation to be contrary to Article 24 of Annex X, which
tenderer.                                                            provides for cover in respect of the full difference between
                                                                     expenditure actually incurred and payments from the Joint
In the applicant's view, the contested decision breaches the          Sickness Insurance Scheme, and that, consequently, the
principles of equality and impartiality, inasmuch as the              General Provisions are unlawful .
 defendant institution failed to apply the criterion of the most
economically advantageous tender, in the light of the
conditions laid down in the specification.
                                                                     Action brought on 10 February 1995 by Efthimia Bitha,
                                                                     Vasiliki Bitha and Georgios Bitha against the Commission
                                                                                     of the European Communities
Action brought on 8 February 1995 by Marco                                                   (Case T-23/95 )
 Mazzocchi-Alemanni against the Commission of the                                             ( 95/C 87/34 )
                    European Communities
                        (Case T-21/95 )                                              (Language of the case: French)
                          ( 95/C 87/33 )
                                                                     An action against the Commission of the European
                                                                      Communities was brought before the Court of First
                (Language of the case: French)
                                                                      Instance of the European Communities on 10 February
                                                                      1995 by Efthimia Bitha, Vasiliki Bitha and Georgios Bitha,
An action against the Commission of the European                     residing in Thessaloniki ( Greece), represented by Jean-Noel
 Communities was brought before the Court of First                    Louis, of the Brussels Bar, with an address for service in
Instance of the European Communities on 8 February 1995               Luxembourg at the offices of Fiduciaire Myson Sari, 1 Rue
by Marco Mazzocchi-Alemanni, residing in Libreville                   Glesener .