CELEX: C2007/235/40
Language: en
Date: 2007-10-06 00:00:00
Title: Case T-300/07: Action brought on 31 July 2007 — Evropaïki Dynamiki v Commission

6.10.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 235/22
            
         Action brought on 31 July 2007 — Evropaïki Dynamiki v Commission
   (Case T-300/07)
   (2007/C 235/40)
   Language of the case: English
   Parties
   
      Applicant: Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE (Athens, Greece) (represented by: N. Korogiannakis, lawyer)
   
      Defendant: Commission of the European Communities
   Form of order sought
   
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               Annul the Commission's decision of the Direction General for Informatics to reject the bid of the applicant, filed in response to the open Call for Tender ENTR/05/078 — YOUR EUROPE Lot 1 (Editorial Work and Translations) for ‘Your Europe Portal Management and Maintenance’ (OJ 2006/S 143-153057) communicated to the applicant by letter dated 21 May 2007 (‘the decision on Lot 1’) and to award the contracts to the successful contractor,
            
         
               —
            
            
               annul the Commission's decision (DIGIT) to reject the bid of the applicant filed in response to the open Call for Tender ENTR/05/078 — YOUR EUROPE Lot 2 (Infrastructure Management) for ‘Your Europe Portal Management and Maintenance’ (OJ 2006/S 143-153057) communicated to the applicant by letter dated 13 July 2007 (‘the decision on Lot 2’) and to award the contracts to the successful contractors;
            
         
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               order the Commission (DIGIT) to pay the applicant's damages suffered on account of the tendering procedure in question for an amount of EUR 1 125 000 Euros for Lot 1 and EUR 825 000 Euros for Lot 2;
            
         
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               order the Commission (DIGIT) to pay the applicant's legal and other costs and expenses incurred in connection with this application, even if the current application is rejected.
            
         Pleas in law and main arguments
   In support of its claims the applicant argues that, in the framework of the tendering procedure ENTR/05/078 YOUR EUROPE Lot 1 (Editorial Work and Translations) for ‘Your Europe Portal Management and Maintenance’ (OJ 2006/S 143-153057) and ENTR/05/078 — YOUR EUROPE Lot 2 (Infrastructure Management) for ‘Your Europe Portal Management and Maintenance’ (OJ 2006/S 143-153057), the contracting authority, DG DIGIT of the European Commission, failed to comply with its obligations foreseen in the Financial Regulation (1), its Implementing Rules and Directive 2004/18/EC (2) as well as the principles of transparency and equal treatment
   The applicant moreover submits that the contracting authority committed several manifest errors of assessment which resulted in the rejection of its bid. Furthermore, the contracting authority allegedly infringed its obligation to state reasons for its decision and, in particular, to inform the applicant on the relative merits of the successful tenderer.
   The applicant requests, hence, that the decision of the European Commission to reject its bid and to award the contract to the successful tenderer be annulled and that the defendant is ordered to pay all legal expenses related to the proceedings even in case the application is rejected. In the alternative, if the contract has already been executed by the time the Court reached its decision or if it is no longer possible to annul the decision, the applicant requests monetary compensation (damages) of EUR 1 125 000 for Lot 1 and EUR 825 000 for Lot 2 in accordance with Articles 235 and 288 EC.
   
      (1)  Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (OJ L 248, p. 1).
   
      (2)  Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts (OJ L 134, p. 114).