CELEX: C2002/219/56
Language: en
Date: 2002-09-14 00:00:00
Title: Case T-214/02: Action brought on 15 July 2002 by María-Angeles Martínez Valls against European Parliament

C 219/24              EN                      Official Journal of the European Communities                                     14.9.2002
Pleas in law and main arguments                                          The applicant claims that the Court should:
The applicant submitted a tender for the delivery of buoys
to harbours in Kazakhstan, Azerbaijan and Turkmenistan                   —     annul the decision of the Selection Board in competition
following the supply procurement notice issued by the Com-                     PE/90/A of 3 April 2002 refusing to admit the applicant
mission. The notice was subject to a corrigendum, after which                  to the next stages in the competition for having obtained
the applicant was given the opportunity to modify its tender.                  insufficient marks in one of the written tests (test C) and
Since the corrigendum did not give rise to any changes as                      annul the decision of the Selection Board in competition
regards the applicant, it sent back the same tender unchanged                  PE/90/A of 31 May 2002 confirming its decision of
to the Commission. After this, the applicant was informed that                 3 April 2002 and rejecting the applicant’s request seeking
its tender was rejected, since it did not comply with the 90-                  access to certain documents;
day validity period fixed for a tender from the date of its
submission.
                                                                         —     annul the whole of the competition;
The applicant considers that this Decision contains an error of
fact. The end date of the validity of the tender, i.e. 28 July
2002, was calculated from the date of the initial deadline of
29 April 2002. This date was not altered by the second                   —     at the very least, annul all the aspects and acts of the
submission of the tender, following the corrigendum of the                     competition subsequent to the unlawful elements of the
notice by the Commission, since the applicant sent back the                    individual decisions of 3 April 2002 and 31 May 2002,
same tender. The applicant claims, however, that it was clear                  in particular, the list of successful candidates and the
from the surrounding circumstances and other indications in                    appointments made on the basis of that list;
the tender that the tender was valid for 90 days from the
revised deadline of 11 June 2002 onwards.
                                                                         —     in any event, order the defendant to adopt all the
                                                                               necessary measures in order to restore the applicant’s
Furthermore, the applicant claims that the Commission has
                                                                               rights as a candidate who has passed tests A, B and C of
violated paragraph 19.5 of the Instructions to Tenderers, the
                                                                               the competition in question;
duty of care and the principle of proportionality. According to
paragraph 19.5 of these Instructions, the Commission can
require Tenderers to provide clarification of a tender within
24 hours. The applicant claims that other statements in the              —     failing that, order the defendant to pay damages assessed,
tender and the surrounding circumstances in general should
                                                                               at the material time, at EUR 10 389,46, subject to
have given rise to doubt which required clarification of the
                                                                               increment;
duration of the tender’s validity. The Commission has not,
however, made use of this possibility.
                                                                         —     order the defendant to produce the corrected copy of
                                                                               test C and general and objective assessment criteria, to
                                                                               identify the publicly accessible documents which the
                                                                               Board used when marking test C and to produce the
                                                                               Board’s reasoned report;
Action brought on 15 July 2002 by María-Angeles Martí-
            nez Valls against European Parliament
                                                                         —     order the defendant to pay the costs.
                        (Case T-214/02)
                        (2002/C 219/56)
                  (Language of the case: French)
                                                                         Pleas in law and main arguments
An action against the European Parliament was brought before
the Court of First Instance of the European Communities on
15 July 2002 by María-Angeles Martínez Valls, residing in
Brussels, represented by Georges Vandersanden and Laure                  The applicant alleges breach of the duty to provide reasons,
Levi, lawyers.                                                           breach of the general principle of transparency, breach of the
 ---pagebreak--- 14.9.2002            EN                    Official Journal of the European Communities                                   C 219/25
principle patere legem quem ipse fecisti and breach of the                    Removal from the register of Case T-124/00 (1)
principle of non-discrimination. According to the applicant,
the European Parliament was required to allow her access to                                   (2002/C 219/57)
her corrected written paper and to the criteria on which the
Board assessed it.                                                                       (Language of the Case: Italian)
The applicant further alleges infringement of the competition         By order of 21 June 2002 the President of the Second Chamber
notice and a manifest error of assessment. In her view, the           of the Court of First Instance of the European Communities
Selection Board laid down for itself too strict a set of criteria     ordered the removal from the register of Case T-124/00:
against which to assess the test.                                     Federazione Associazioni Imprese Distribuzione and Others v
                                                                      Commission of the European Communities.
                                                                      (1 ) OJ C 192 of 8.7.2000.