CELEX: C2003/289/65
Language: en
Date: 2003-11-29 00:00:00
Title: Case T-332/03: Action brought on 29 September 2003 by European Service Network against the Commission of the European Communities

29.11.2003            EN                          Official Journal of the European Union                                         C 289/31
In support of her claims, she alleges, apart from the fact of                   The Joint Committee on Staff Reports did not express an
having been the victim of harassment in the work place, an                      opinion on all the criticisms levelled by the applicant and
error in the reasoning and irregularity in the promotion                        he was not consulted beforehand;
procedure, in that the contested decision does not enable her
to know if it was really the Appointing Authority which made              —     that there was in the circumstances of the case a manifest
the choice provided for by Article 45 of the Staff Regulations,                 error of appreciation inasmuch as, on the one hand, the
or whether it confined itself to confirming the conclusions of                  staff report at issue contains criticisms to which voice
the Consultative Commission on Promotions (CCP).                                was never given at the material time, which are strongly
                                                                                contested and which are not borne out by any evidence
                                                                                and as, on the other, the defendant puts forward a
                                                                                problem which arose after the period covered by the
                                                                                report.
                                                                          Lastly, the applicant alleges misuse by the Commission of its
Action brought on 21 September 2003 by Michael Cwik                       powers and mental harassment.
  against the Commission of the European Communities
                         (Case T-331/03)
                         (2003/C 289/64)
                                                                          Action brought on 29 September 2003 by European
                                                                          Service Network against the Commission of the European
                   (Language of the case: French)                                                   Communities
                                                                                                   (Case T-332/03)
An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the                                        (2003/C 289/65)
European Communities on 21 September 2003 by Michael
Cwik, residing in Tervuren (Belgium), represented by Nicolas
Lhoëst, lawyer, with an address for service in Luxembourg.                                   (Language of the case: French)
The applicant claims that the Court should:
                                                                          An action against the Commission of the European Communi-
                                                                          ties was brought before the Court of First Instance of the
—     annul the Secretary General’s decision of 31 October                European Communities on 29 September 2003 by European
      2002 confirming unamended the applicant’s staff report              Service Network, established in Brussels, represented by René
      for the period 1 July 1999 to 30 June 2001;                         Steichen, lawyer, with an address for service in Luxembourg.
—     order the defendant to pay compensation of EUR 6 500;
                                                                          The applicant claims that the Court should:
—     order the defendant to pay all the costs.
                                                                          —     annul Invitation to tender ENTR/02/055 — CORDIS —
                                                                                Lot 1;
Pleas in law and main arguments                                           —     order the Commission to pay the costs.
The applicant in this case challenges the appointing authority’s
refusal to amend his staff report for the period 1999/2001.               Pleas in law and main arguments
                                                                          The applicant submitted a tender pursuant to lot 1 of Invitation
In support of his claims he puts forward the following                    to tender ENTR/02/055 — CORDIS. The applicant was not
arguments:                                                                successful.
—     that there was a breach of the pre-litigation procedure
      because, inter alia, the staff report in question was drawn         The applicant contests the award of the contract to the
      up on the basis of two memos drafted by two of his                  successful tenderer. According to the applicant, the Com-
      former line managers. It is not clear whether the first of          mission did not comply with the principle of equal treatment
      those two memos refers to the period concerned, while               of tenderers or the rule of transparency in the tendering
      the second refers to matters taking place after that period.        procedure.
 ---pagebreak--- C 289/32               EN                          Official Journal of the European Union                                        29.11.2003
The applicant claims, first, that the successful tenderer received         Pleas in law and main arguments
favourable financial treatment, to the detriment of the other
tenderers. The applicant also alleges that the successful tenderer
had privileged access to essential information. The applicant
alleges in particular that the other tenderers did not have                According to the applicant, its claim arises out of two TACIS
access to certain essential technical information on the current           contracts between the Commission and a contractor regarding
status of the database for the CORDIS project.                             two projects in Moldova and Russia. The contractor subcon-
                                                                           tracted with the applicant to provide some of the services.
                                                                           When the applicant discovered what it considered to be
                                                                           irregularities on the part of the contractor, it informed the
The applicant also submits that the criteria used in the award
of the tender do not conform to those laid down in the                     Commission Services. On the understanding that it would be
                                                                           paid for the services rendered, the applicant carried out the
contract documents and that the Commission applied in a
                                                                           services necessary for completion of the projects covered
discriminatory manner the criteria published in the contract
                                                                           by the contracts. Subsequently, the Commission ceased all
documents for the selection of the tender giving the best
quality/price ratio.                                                       payments to the contractor and issued recovery orders for
                                                                           amounts already paid to the contractor.
                                                                           The applicant claims that the Commission’s failure to pay the
                                                                           sum of EUR 448 947,78 is wrongful and has caused the
                                                                           applicant additional loss. The applicant argues that the Com-
                                                                           mission has had the benefit of the services provided by the
                                                                           applicant but has not paid anyone for such services. The
Action brought on 30 September 2003 by Masdar (U.K.)                       applicant claims that the Commission is obliged to pay the
  Ltd against Commission of the European Communities                       applicant for the services provided on the basis of the principles
                                                                           of unjust enrichment, gestion d’affaires, legitimate expectation
                                                                           and general principles of fault liability. In addition, the
                         (Case T-333/03)                                   applicant claims interest and damages for loss consequential
                                                                           upon the Commission’s alleged illegal failure to pay the
                                                                           applicant for the services.
                        (2003/C 289/66)
                   (Language of the case: English)
An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 30 September 2003 by Masdar
(U.K.) Ltd, Eversley, Hampshire, (United Kingdom), represented             Action brought on 29 September 2003 by Deutsche Post
by Philip Bentley QC and Patrick Green, Barrister.                         EURO EXPRESS GmbH against the Office for Harmonis-
                                                                             ation in the Internal Market (Trade Marks and Designs)
The applicant claims that the Court should:
                                                                                                   (Case T-334/03)
—    order the Commission to pay to the applicant:
                                                                                                   (2003/C 289/67)
     i)     the sum of EUR 448 947,78
     ii)    interest on the said sum as at 31 July 2003 in the                               (Language of the case: German)
            amount of £ 98 121,24 plus interest from 1 August
            2003 until the date of judgment
     iii)   compensation for material damage, loss of profits
            and non-material damage in an amount of
                                                                           An action against the Office for Harmonisation in the Internal
            £ 1 532 931,09;                                                Market (Trade Marks and Designs) was brought before the
                                                                           Court of First Instance of the European Communities on
—    order the Commission to pay the costs of the present                  29 September 2003 by Deutsche Post EURO EXPRESS GmbH,
     proceedings.                                                          represented by Gabriele Lindhofer.