CELEX: C1999/246/78
Language: en
Date: 1999-08-28 00:00:00
Title: Case T-139/99: Action brought on 8 June 1999 by Alsace International Car Services (AICS) v European Parliament

28.8.1999             EN                      Official Journal of the European Communities                                         C 246/39
In support of the present application, the applicants rely upon:         — Annul the contested decision;
— infringement of Articles 2(a), 2(b), 3(a), 8, 9, 13, 14 and
    15 of the conditions and breach of general principles of             — Order the European Parliament to pay AICS the sum of
    law, including the principles of equal treatment, non-                    FRF 1 million as compensation for the damage suffered,
    discrimination and proportionality. According to the appli-               pursuant to the second paragraph of Article 215 of the
    cants, their contracts are in fact contracts of indefinite                Treaty of Rome.
    duration resulting from a second renewal of their contracts
    appointing them as temporary staff pursuant to Article
    2(a) of the conditions;
— infringement of Articles 10, paragraph 1, and 12 of the                Contentions and principal arguments adduced in support
    conditions and breach of the principle of having due regard
    for the welfare of officials and the principle of legitimate
    expectations. By its conduct, the Commission has preju-
                                                                         The applicant, an undertaking which hires out chauffeur-driver
    diced the interests of the service and jeopardised the careers
                                                                         cars, submitted a tender for private passenger road transport
    of the applicants;
                                                                         services, using chauffeur-driver cars and mini-buses, in the
                                                                         urban district of Strasbourg from the point of arrival (stations
— infringement of Articles 47(2)(a) and 74(2)(a) of the                  and airport) to places of work and vice versa within a radius of
    conditions and breach of the principle of law which                  20 km around the European Parliament buildings (Call for
    requires that an administrative act be supported by legit-           tenders No 99/S 18-8765/FR lot 1).
    imate reasons which are admissible and relevant and
    contain no errors of fact or law. By taking the contested
    action and notifying the applicants on 23 March 1999
    that their contractual relationships would end on 30 June            By letter of 7 April 1999 (the contested measure), the Director
    1999, the defendant failed to satisfy the requirements in            General for Administration of the European Parliament in-
    the applicable provisions in that a contract of indefinite           formed the applicant that its tender had not been successful.
    duration may only be terminated on giving the proper                 At a meeting with the Director General for Administration on
    notice.                                                              13 April 1999, the applicant’s manager received the
                                                                         impression that the Parliament had renewed the contract with
                                                                         a competitor, Coopérative Taxi 13. By letters of 15 and 19
(1) Case T-117/99.                                                       April 1999, the applicant forwarded certain information
                                                                         concerning the French legislation governing taxi operations. By
                                                                         letter of 4 May 1999 the Director General for Administration
                                                                         informed the applicant that the Parliament had observed all
                                                                         the rules and procedures concerning the conclusion of public
                                                                         service contracts.
Action brought on 8 June 1999 by Alsace International                    In support of its application, the applicant submits that:
         Car Services (AICS) v European Parliament
                                                                         — the conditions under which the European Parliament
                        (Case T-139/99)                                       probably concluded the contract with the applicant’s
                                                                              competitor are vitiated by irregularities: the alleged contract
                        (1999/C 246/78)                                       concluded with Coopérative Taxi 13 or with any other taxi
                                                                              company was concluded in breach of the French legislation
                                                                              applicable to taxi operations and contributes to discrimi-
                                                                              nation to the detriment of other operators of passenger
                   (Language of the case: French)                             vehicles which responded to the abovementioned call for
                                                                              tenders;
An action against the European Parliament was brought before
the Court of First Instance on 8 June 1999 by Alsace
International Car Services (AICS), whose registered office is in         — the Parliament’s terms for fixing the prices of the services
Strasbourg, France, represented by Corinne Imbach and Anne                    by contract do not meet the requirements of French law;
Dissler, of the Strasbourg Bar, with an address for service in
Luxembourg at the Chambers of Marguit Capus-Leclerc, 117
Avenue Gaston Diderich.                                                  — the European Parliament infringed the principle of non-
                                                                              discrimination which is regarded as a fundamental prin-
The applicant claims that the Court of First Instance should:                 ciple of Community law.
— Declare that the reasons for the refusal of the tender
    submitted by AICS are discriminatory and infringe the
    prohibition of discrimination which is regarded as a
    principle of Community law;