CELEX: C2001/161/49
Language: en
Date: 2001-06-02 00:00:00
Title: Case T-75/01: Action brought on 29 March 2001 by Systems-Europe SA against the Commission of the European Communities

2.6.2001               EN                      Official Journal of the European Communities                                      C 161/25
The applicant considered that the facts justified the bringing            After completion of tasks by a consultant, who determined,
of proceedings against ‘X’ before the Luxembourg court of                 inter alia, the broad outline for modernisation of the sector
competent jurisdiction.                                                   concerned, the applicant was instructed by the Commission,
                                                                          at an initial stage, to assist in drawing up the proposal for
                                                                          financing various elements of the ESSP Programme. The
The appointing authority rejected the applicant’s request that
                                                                          financing proposal was accepted and the applicant was
he be allowed to produce in the Luxembourg Criminal Court
                                                                          instructed, in the second stage, to draw up terms of reference
all the documents listed in an annex to that request, and any
                                                                          for the various elements of the ESSP Programme, and to assist
other relevant document which had not been disclosed to him.
                                                                          the Syrian beneficiaries in evaluating the pre-qualification
That is the decision at issue in these proceedings.
                                                                          tender files. The final responsibility for adoption of the terms
                                                                          of references, evaluation of the tenders and drafting of the
In support of his claims, the applicant alleges:                          contracts attached to the Syrian authorities, under Commission
                                                                          supervision. Following the further preparation of the detailed
—     infringement of Articles 19 and 24 of the Staff Regu-               specifications for a system appropriate to Syrian conditions, a
      lations;                                                            call for tenders was issued by the Syrian authorities for the
                                                                          installation of an OPS (Operation Planning System). Two
—     infringement of Articles 6 and 13 of the European                   tenders were submitted in response to that call, one of which
      Convention for the Protection of Human Rights and                   considerably undercut the competing tender, being submitted
      Fundamental Freedoms.                                               by the applicant itself. The applicant was finally successful.
                                                                          The applicant adds, however, that, more than one month after
                                                                          signature of the contract, it was advised that the Commission
                                                                          was no longer able to approve the contract, but no reasons for
                                                                          this were given. Indeed, it did not become aware of the
                                                                          Commission’s alleged reasons until proceedings were brought
                                                                          before the Ombudsman.
Action brought on 29 March 2001 by Systems-Europe SA
  against the Commission of the European Communities
                                                                          In support of its claims, the applicant submits that the
                           (Case T-75/01)                                 Commission’s improper conduct in this case is apparent from
                                                                          various acts, courses of conduct and failure to act occurring
                                                                          throughout the procedure for award of the contract at issue,
                          (2001/C 161/49)                                 and subsequently after signature of that contract by the Syrian
                                                                          authorities.
                    (Language of the case: French)
An action against the Commission of the European Communi-
ties was brought before the Court of First Instance on
29 March 2001 by Systems-Europe SA, established in Brussels,
represented by Bernard Jamoulle, Frédéric Louis and Anne
Vallery, Lawyers.
                                                                                Removal from the Register of Case T-349/99 (1)
The applicant claims that the Court of First Instance should:
—     order the European Community, represented by the                                             (2001/C 161/50)
      Commission, to pay to Systems-Europe SA the sum of
      EUR 921 750 ;
                                                                                            (Language of the case: English)
—     order the Commission to pay the costs.
                                                                          By order of 6 March 2001, the President of the First Chamber
                                                                          of the Court of First Instance of the European Communities
Contentions and principal arguments adduced in support
                                                                          has ordered the removal from the Register of Case T-349/99,
                                                                          Miroslav Miskovic v Council of the European Union.
The applicant, which at the material time was a medium sized
independent engineering consultancy company incorporated
under Belgian law, specialising in particular in data processing
in the electricity sector, seeks compensation for the loss                (1) OJ C 79 of 18.3.2000.
allegedly suffered by it as a result of the alleged misconduct of
the Commission in the context of a programme of financial
support for modernisation of the production and distribution
of electricity in Syria (ESSP Programme).