CELEX: C2002/274/45
Language: en
Date: 2002-11-09 00:00:00
Title: Case T-202/02: Action brought on 3 July 2002 by the joint venture Makedoniko Metro, Mikhaniki A.E. and Others against the Commission of the European Communities

9.11.2002             EN                      Official Journal of the European Communities                                      C 274/25
                                                       COURT OF FIRST INSTANCE
Action brought on 3 July 2002 by the joint venture                       (c)   order the European Commission to send a letter to all its
Makedoniko Metro, Mikhaniki A.E. and Others against                            departments in order to restore the name and reputation
      the Commission of the European Communities                               of Mikhaniki A.E. and its chairman Prodromos Emfietzog-
                                                                               los, and to lodge with the Court of Justice and to
                                                                               communicate to the applicant the minutes of the meet-
                        (Case T-202/02)                                        ings of 7 April 1998 and 27 August 1988 and the
                                                                               decisions which were adopted at those meetings, together
                                                                               with the originals of the letters of Mr Mogg, Mr Monti
                        (2002/C 274/45)                                        and the President, Mr Prodi;
                                                                         (d)   order the European Commission and its official organs to
                   (Language of the Case: Greek)
                                                                               pay all the legal costs and all the expenditure relating to
                                                                               conduct of the proceedings;
                                                                         (e)   the applicant proposes as witnesses:
An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 3 July 2002 by the joint venture                       (i)   the European Ombudsman Jacob Söderman,
Makedoniko Metro, Mikhaniki A.E. and Others, established in
Thessaloniki, Greece, represented by Christos Gkonis, of the                   (ii) the European Ombudsman’s assistants I. Harden and
Athens Bar, with an address for service in Luxembourg.                               O. Verheecke,
                                                                               (iii) the Chairman of Mikhaniki A.E., Prodromos Emfiet-
The applicant claims that the Court should:                                          zoglos and
(a)  allow the action in its entirety;                                         (iv) whomever may be considered necessary after the
                                                                                     documents sought have been lodged by the Euro-
(b)  order the European Commission and its official organs                           pean Commission.
     against whom the action is directed as set out in the
     initial section ‘Individual allocation of responsibility of
     organs of the European Union’ jointly and severally to
     pay:
                                                                         Pleas in law and main arguments
     (i)   to Mikhaniki A.E. EUR 23 578 050 with interest at
           the rate of 8 % from 29 November 1996, or
           otherwise from 27 August 1998, EUR 224 654 and
                                                                         The applicant submits that the decisions by which the
           EUR 60 000 000 with interest for late payment at
                                                                         European Commission resolved to take no further action on
           the rate of 8 % from the lodging of the action;
                                                                         the applicant’s complaints that the competent Greek auth-
                                                                         orities unlawfully failed to entrust the construction of the
     (ii) to Prodromos Emfietzoglos, Chairman of Mikhaniki               Thessaloniki Metro to it are unlawful.
           A.E., EUR 15 000 000 with interest for late payment
           at the rate of 8 % from the lodging of the action as
           compensation for non-material harm;
                                                                         In its submission, those decisions are the cause of the harm
                                                                         which it has suffered and infringe Community legislation on
     (iii) to Mikhaniki A.E. EUR 1 025 839 588 in respect of             public works. Furthermore, they infringe the principle that
           future loss with interest at the rate of 8 % from the         equal conditions of competition are to be ensured, the
           lodging of the present action;                                prohibition of discrimination and the principle of equal
                                                                         treatment, the principle of proportionality, the requirement to
     (iv) to the joint venture Makedoniko Metro, for the                 state reasons and the principle of good administration. By the
           benefit of ABB Daimler-Benz Transportation                    decisions, the Commission infringed the right to a hearing and
           (Deutschland) GmbH (Adtranz), at a proportion of              to assistance and misused its powers.
           20 %, and Belgian Transport and Urban Infrastruc-
           ture Consult (Transurb Consult), at a proportion of
           0,35 %, a total of EUR 110 754 352;