CELEX: C1996/108/24
Language: en
Date: 1996-04-13 00:00:00
Title: Action brought on 26 January 1996 by TEAM Srl and Centralne Biuro Projektowo-Badawcze Budownictwa Kolejowego (CBBBK KOLPROJECT) against the Commission of the European Communities (Case T-13/96)

13 . 4 . 96           EN                 Official Journal of the European Communities                               No C 108/11
on 27 February 1996 , the operative part of which is as              invitation to tender. The reasons given for this are
 follows :                                                           inadequate and entirely baseless. The applicants observe in
                                                                     this respect that the only change in practice to the new
 1 . the application for interim measures is dismissed;              procedure consisted in the exclusion of Kolprojekt from the
                                                                     short list. At the same time, however, the successful
                                                                     undertaking was recommended to allocate to Kolprojekt the
2,    costs are reserved.                                            role of subcontractor for up to 25 % of the amount of the
                                                                     offer .
                                                                     It follows that the contested acts — the decision to annul the
                                                                     procedure published on 13 June 1995 and the decision to
                                                                     put in motion a new procedure — do not achieve any of the
Action brought on 26 January 1996 by TEAM Sri and                    objective aims of general interest. On the contrary, they lead
Centralne Biuro Projektowo-Badawcze Budownictwa                      to an unjustified delay in awarding the contract as well as to
Kolejowego ( CBBBK KOLPROJECT) against the                           serious harm for the applicant undertakings .
          Commission of the European Communities
                        ( Case T-13/96 )                            The acts in question must therefore be annulled on the
                          ( 96/C 108/24                             grounds of misuse of powers and manifest breach of the
                                                                    principle of sound administration by the Commission .
                 (Language of the case: Italian)
An action against the Commission of the European
Communities was brought before the Court of First
Instance of the European Communities on 26 January 1996
by TEAM Sri and Centralne Biuro Projektowo-Badawcze
Budownictwa Kolejowego ( CBBBK Kolprojekt), whose                   Action brought on 1 February 1996 by Cityflyer Express
registered office is at Warsaw (Poland ), represented by                  Limited against the Commission of the European
                                                                                              Communities
Antonio Tizzano and Gian Michele Roberti, of the Naples
Bar, with an address for service at 36 Place du Grand Sablon,                                Case T- 1 6/96 )
Brussels .                                                                                   ( 96/C 108/25 )
The applicant claims that the Court should :
                                                                                   (Language of the case: English)
— uphold the application for annulment of the decision of
     the Commission, contained in a letter of 16 November           An action against the Commission of the European
     1995 from the Head of Unit of the Directorate-General,         Communities was brought before the Court of First
     External Relations, Directorate B, annulling the award         Instance of the European Communities on 1 February 1996
     procedure concerning the 'Feasibility study for the            by Cityflyer Express Limited, represented by Charles Price,
     modernization of railway junction in Warsaw on the             with an address for service in Luxembourg at the Chambers
     E-20 TEN line ', and the subsequent tender notice of           of Lucy Dupong, 14a, rue des Bains .
     4 December 1995 , which also concerned the 'Feasibility
     study for the modernization of railway junction in
     Warsaw on the E-20 TEN line ',                                 The applicant claims that the Court should :
— uphold the application for compensation for the harm              — annul the Commission decision of 26 July 1995
     suffered by the applicants, and                                     concerning aid granted by the Flemish Region to the
                                                                         Belgian airline Vlaamse Luchttransportmaatschappij
— order the Commission to pay the costs .                                NV,
Pleas in law and main arguments adduced in support:                 — order the Commission to pay the costs .
The applicants, a design company, active in Italy and
abroad, which operates in the construction, management              Pleas in law and main arguments adduced in support:
and engineering maintenance sector, is a Polish share capital
company whose object is the provision of design services in         The applicant, an airline company registered in England,
the railway sector, complain that the defendant, instead of         which operates scheduled flights out of London Gatwick
proceeding to award the contract, notified in the context of        to Antwerp, Dublin, Diisseldorf, Guernsey, Jersey, Leeds/
the Phare programme, concerning the 'Feasibility Study for          Bradford , Newcastle and Rotterdam, challenges the
the Modernization of railway junction in Warsaw on the              Commission Decision of 26 July 1995 , concerning aid
E-20 TEN line', decided to annul the procedure and open a           granted by the Flemish Region to the Belgian airline
new procedure . The companies invited to tender in the first        Vlaamse Luchttransportmaatschappij NV (VLM), in the
procedure were included in a short list attached to the             form of an interest-free loan of Bfrs 20 million . In its