CELEX: C1999/333/79
Language: en
Date: 1999-11-20 00:00:00
Title: Case T-217/99: Action brought on 30 September 1999 by Sinaga, Sociedade de Indústrias Agrícolas Açoreanas, SA, against the Commission of the European Communities

C 333/36               EN                     Official Journal of the European Communities                                    20.11.1999
— as regards competition COM/R/5179/98, both the appli-                  by Sinaga, Sociedade de Indústrias Agrı́colas Açoreanas, SA,
    cant’s curriculum vitae and the annex to his written                 whose registered office is at 75 Rua de Lisboa, Ponta Delgada,
    application in the competition procedure show that he has            Azores, represented by Dr Mário Marques Mendes and by Dr
    14 years’ experience at European lever in the field of               Maria Luı́sa Duarte, with an address for service in Luxembourg
    new products and computer services. Moreover, he has                 at the Chambers of Aloyse May, 21 Grand-Rue, Luxembourg.
    management experience and, in particular, experience of
    the supervision of outside contracts;                                The action seeks the annulment of the annex to Commission
                                                                         Regulation (EC) No 1434/99 of 30 June 1999 in so far as it
— as regards competition COM/R/5182/98, the Commission                   establishes the sugar forecast supply balance for the Azores
    has committed a manifest error of assessment in consider-            and hold that earlier legislation continues to produce its effects.
    ing him to have had no experience in the field of contract
    management, in particular the management of contracts                The applicant claims that the Court should:
    for the provision of telematic network services;
                                                                         — find the application admissible;
— as regards competition COM/R/5183/98, the applicant
    has shown that he possesses over five years’ practical               — annul the annex to Commission Regulation (EC)
    experience in the evaluation of research and technological               No 1434/99 of 30 June 1999 in so far as it establishes the
    development programmes and projects;                                     sugar forecast supply balance for the Azores and hold that
                                                                             earlier legislation continues to produce its effects;
— as regards competition COM/R/5188/98, the competition
    notice does not state, as it should have done, that                  — order the Commission of the European Communities to
    candidates are required to possess professional experience               pay the costs.
    in those matters;
— as regards competition COM/R/5190/98, the applicant has                Pleas in law and main arguments
    proved that he possesses over 17 years’ experience in the
    fields prescribed.                                                   Infringement of Article 190 of the EC Treaty (now Article 253
                                                                         EC): manifestly inadequate and inconsistent statement of
                                                                         reasons
                                                                         Infringement of Articles 2, 3, and 8 of Council Regulation
                                                                         (EEC) No 1600/92 of 15 June 1992: the forecast supply
                                                                         balance does not take into account traditional trace flows
Action brought on 30 September 1999 by Sinaga, Socied-
ade de Indústrias Agrı́colas Açoreanas, SA, against the                 Infringement of Article 227 of the EC Treaty (now, after
         Commission of the European Communities                          amendment, Article 299 EC): failure to take account of the
                                                                         said provision when interpreting and applying legislative
                        (Case T-217/99)                                  provisions applicable to the extremely remote areas
                        (1999/C 333/79)                                  Infringement of Article 4(1) of the EC Treaty (now Article 7(1)
                                                                         EC): the Commission has exercised its executive powers in a
                                                                         manifestly abusive and unlawful manner
                 (Language of the case: Portuguese)
                                                                         Breach of the principle of proportionality: the effects of the
An action against was brought before the Court of First                  forecast made in Regulation (EC) No 1434/99 are unfair and
Instance of the European Communities on 30 September 1999                unreasonable.