CELEX: C2000/034/50
Language: en
Date: 2000-02-05 00:00:00
Title: Case T-266/99: Action brought on 2 November 1999 by Librairie de Rome v European Parliament

C 34/26               EN                      Official Journal of the European Communities                                       5.2.2000
Action brought on 28 October 1999 by Demarol B.V.                        The applicant claims that the Court of First Instance should:
  against the Commission of the European Communities
                                                                         — Annul the decision of the European Parliament.
                        (Case T-264/99)
                         (2000/C 34/49)                                  Contentions and principal arguments adduced in support
                   (Language of the case: Dutch)                         The applicant seeks the annulment of the decision of the
                                                                         European Parliament to entrust the running of the newspaper
                                                                         kiosks in the Bertha von Suttnerm and Paul-Henri Spaak
An action against the Commission of the European Communi-                buildings and in the passageway in the Altero Spinelli building
ties was brought before the Court of First Instance of the               to a tenderer other than the applicant and, consequently, not
European Communities on 28 October 1999 by Demarol B.V.,                 to accept the tender submitted by the applicant.
of Harderwijk (Netherlands), represented by C.J.M. van Zeijl,
of the Harderwijk Bar, with an address for service in Luxem-
bourg at the Registry of the Court of First Instance, Kirchberg.         In the contested decision, the Parliament took the view that:
The applicant claims that the Court should:                              — the tender submitted by the applicant did not meet the
                                                                              criteria concerning financial capacity, having regard to the
(a) annul the Commission’s decision of 20 January 1999                        balance-sheets presented (a loss was carried forward and a
    demanding further information from the Netherlands                        substantial trading debt was incurred in the period 1996
    authorities, and the Commission’s decision of 20 July                     to 1998);
    1999 (C(1999) 2539 final) (1) concerning State aid granted
    by the Netherlands to 633 service stations in the region
    bordering Germany;                                                   — the tender did not include Greek and Portuguese news-
                                                                              papers;
(b) order the Commission to pay the costs.
                                                                         — the tender submitted by the successful tenderer was more
                                                                              detailed and more attractive, because of the personalised
Pleas in law and main arguments                                               services and the opening times offered.
This pleas in law and main arguments correspond to those in              It is to be borne in mind that the general contract conditions,
Case T-210/99.                                                           the financial regulation and Council Directive 92/50 are
                                                                         applicable to this case mutatis mutandis.
(1) OJ L 280 of 30.10.1999, p. 87.
                                                                         In support of its claims, the applicant alleges infringement:
                                                                         — of the financial regulation of 21 December 1977, appli-
                                                                              cable to the general budget of the European Communities,
                                                                              in particular Articles 56, 58(3) and 139 thereof;
Action brought on 2 November 1999 by Librairie de                        — of Council Directive 92/50 of 19 June 1992 relating to the
                 Rome v European Parliament                                   coordination of procedures for the award of public service
                                                                              contracts, in particular Articles 31 and 34 thereof;
                        (Case T-266/99)
                                                                         — of Articles 4(b) and 6 of the general tendering conditions,
                                                                              and
                         (2000/C 34/50)
                                                                         — of general legal principles, more particularly the principle
                   (Language of the case: French)                             of sound administration.
An action against the European Parliament was brought before             The applicant also alleges a manifest error of appraisal and
the Court of First Instance on 2 November 1999 by Librairie              breach of the obligation to state reasons.
de Rome, a company whose registered office is in Brussels,
represented by Louis Dehin and Christine Brüls, of the Liège
Bar, with an address for service in Luxembourg at the
Chambers of Charles Duro, 3 Rue de la Chapelle.