CELEX: C2004/146/10
Language: en
Date: 2004-05-29 00:00:00
Title: Action brought on 8 April 2004 by Adviesbureau Ehcon B.V. against Commission of the European Communities (Case T-140/04)

29.5.2004   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 146/7
            
         Action brought on 8 April 2004 by Adviesbureau Ehcon B.V. against Commission of the European Communities
   (Case T-140/04)
   (2004/C 146/10)
   language of the case Dutch
   An action against the Commission of the European Communities was brought before the Court of First Instance of the European Communities on 8 April 2004 by Adviesbureau Ehcon B.V., established in Reeuwijk (Netherlands) represented by M.A. Goedkoop.
   The applicant claims that the Court should:
   
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               order the European Community to pay compensation for the loss of euro 158 400 which the applicant suffered as a result of the failure to award the contract, together with interest at the legal rate until payment in full has been made;
            
         
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               order the European Community to pay compensation for the loss of income suffered by the applicant, amounting to euro 60 000, as a result of the fact that, owing to the rejection, it was unable to exploit and extend its expertise, together with interest at the legal rate until payment in full has been made;
            
         
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               order the European Community to pay compensation for the consequential losses suffered by the applicant as a result of the lost chance to acquire a renewal contract. The consequential losses resulting from the reduced chance of a renewal contract are estimated at 10 % of the net income from the renewal contract, thus at euro 25 500;
            
         
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               in the alternative, order the European Community to pay compensation for the damage suffered by the applicant as a result of the loss of the chance of the award of a contract in the amount of euro 26 400, together with interest at the legal rate until payment in full has been made;
            
         
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               order the European Community to pay compensation for the costs which the applicant has incurred in submitting its tender, amounting to euro 10 000, together with interest at the legal rate until payment in full has been made;
            
         
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               order the European Communities to pay compensation for the costs which the applicant has incurred in obtaining evidence and bringing the matter before the European Ombudsman, amounting to euro 40 000, together with interest at the legal rate until payment in full has been made;
            
         
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               order the European Community to pay the costs of the proceedings.
            
         Pleas in law and main arguments
   In September 1996 the applicant submitted a tender for a public contract from the Commission in the context of services in relation to the Directive concerning water intended for human consumption (1). The applicant was not, however, selected.
   According to the applicant, the Commission acted contrary to the requirements of transparency which must be observed in invitations to tender. The applicant submits that the European Ombudsman, after receiving a complaint from the applicant, came to the same conclusion in that respect.
   The applicant also submits that the Commission acted contrary to Article 3 of Directive 92/50/EEC relating to the coordination of procedures for the award of public service contracts (2). According to the applicant, the Commission infringed the principles of proper administration by treating the various tenderers differently.
   According to the applicant, the Commission also infringed Article 12(1) of Directive 92/50/EEC by failing to inform the applicant of the reasons for the rejection within a period of 15 days after receipt of the written request in that regard.
   The applicant also submits that if the Commission had acted in accordance with the rules of proper administration it would have been admitted to the award phase. In that case, according to the applicant, it would also have received a contract.
   The applicant also claims that the Commission was obliged, under Articles 16 and 17(2) of Directive 92/50/EEC, no later than 48 days after the award of the contract, to send a notice concerning the outcome of the tender procedure to the Publications Office of the European Communities.
   Finally, the applicant states that the Commission has attempted to mislead it.
   
      (1)  Open invitation to tender No XI.D.1 (OJ 1996 C 232, p. 35).
   
      (2)  Council Directive 92/50/EEC of 18 June 1992 relating to the coordination of procedures for the award of public service contracts (OJ 1992 L 209, p. 1).