CELEX: C2001/245/18
Language: en
Date: 2001-09-01 00:00:00
Title: Case C-251/01 P: Appeal brought on 2 July 2001 by Mario Costacurta against the order delivered on 7 June 2001 by the Second Chamber of the Court of First Instance of the European Communities in Case T-328/00 between Mr Costacurta and the Commission of the European Communities

C 245/10               EN                   Official Journal of the European Communities                                        1.9.2001
Appeal brought on 2 July 2001 by Mario Costacurta                      Action brought on 29 June 2001 by the Commission
against the order delivered on 7 June 2001 by the Second               of the European Communities against the Kingdom of
Chamber of the Court of First Instance of the European                                                Belgium
Communities in Case T-328/00 between Mr Costacurta
    and the Commission of the European Communities
                                                                                                 (Case C-252/01)
                        (Case C-251/01 P)
                                                                                                 (2001/C 245/19)
                         (2001/C 245/18)
                                                                       An action against the Kingdom of Belgium was brought before
                                                                       the Court of Justice of the European Communities on 29 June
An appeal against the order delivered on 7 June 2001 by the            2001 by the Commission of the European Communities,
Second Chamber of the Court of First Instance of the European          represented by H. van Lier, acting as Agent, assisted by
Communities in Case T-328/00 between Mr Costacurta and                 J. Stuyck, advocaat.
the Commission of the European Communities was brought
before the Court of Justice of the European Communities on
2 July 2001 by Mario Costacurta, represented by Mr Petit,              The applicant claims that the Court should:
of the Luxembourg Bar, with an address for service in
Luxembourg.
                                                                       1.    Pursuant to the first paragraph of Article 226 EC, declare
                                                                             that:
The appellant claims that the Court should:
                                                                             —     by failing, in respect of a contract to perform
—     find the present appeal admissible;                                          services involving coastal surveillance by means of
                                                                                   aerial photography, to place a notice in the Official
—     find the appeal well founded as to the substance;                            Journal of the European Communities, as required under
                                                                                   Directive 92/50/EEC (1) relating to the coordination
—     order, if the Rules of Procedure of the Court of Justice                     of procedures for the award of public service
      allow it, the present appeal to be joined to the appeal                      contracts; and
      against the order of the Court of First Instance (Second
      Chamber) of 7 June 2001 in Case T-328/00 concerning                    —     by unjustifiably awarding the contract in question
      the same dispute and lodged this day;                                        through application of a negotiated procedure with-
                                                                                   out prior publication of a notice,
—     set aside the order delivered by the Court of First Instance
      (Second Chamber) of 7 June 2001 in Case T-328/00
      Costacurta v Commission;                                               the Kingdom of Belgium has failed to fulfil its obligations
                                                                             under that directive, in particular Articles 11(3) and 15(2)
—     make a decision as to how Case T-328/00 Costacurta v                   thereof;
      Commission is to proceed in accordance with Article 54
      of the Rules of Procedure of the Court of Justice;               2.    order the Kingdom of Belgium to pay the costs.
—     order the Commission of the European Communities
      already to pay the costs of the interlocutory proceedings
      and of the present appeal;
                                                                       Pleas in law and main arguments
—     reserve the costs as to the substance; find, none the less,
      that Article 88, rather than Article 87(2), of the Rules of
      Procedure of the Court of First Instance are applicable;         According to the Commission, the Belgian Government has
                                                                       failed to demonstrate that performance of the services in
                                                                       question involves special security measures, since undertakings
—     reserve to the appellant all other rights, dues, pleas and       holding the required military security certificate may perform
      actions.                                                         the contract without thereby taking any such special security
                                                                       measures into account.
Pleas in law an main arguments
                                                                       Although the contract in question involves services relating to
                                                                       aerial photography which, considered in se, ought to come
                                                                       under the [United Nations Central Product Classification] CPC
The pleas and main arguments are the same as those in Case
                                                                       Category No 87504.1 as ‘specialty photography services’, it
C-250/01 P.
                                                                       covers a much wider remit, closely connected to the monitor-
                                                                       ing programme established by the administration for the
                                                                       coastal zone and which, with a view to guaranteeing the