CELEX: E2010P0013
Language: en
Date: 2010-08-23 00:00:00
Title: Action brought on 23 August 2010 by Aleris Ungplan AS against the EFTA Surveillance Authority (Case E-13/10)

25.11.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 320/21
            
         Action brought on 23 August 2010 by Aleris Ungplan AS against the EFTA Surveillance Authority
   (Case E-13/10)
   2010/C 320/10
   An action against the EFTA Surveillance Authority was brought before the EFTA Court on 23 August 2010 by Aleris Ungplan AS, represented by Jon Midthjell, advokat, Advokatfirmaet Midthjell AS, Grev Wedels plass 5, 0151 Oslo, NORWAY.
   The applicant requests the EFTA Court:
   
               1.
            
            
               to annul EFTA Surveillance Authority Decision No 248/10/COL concerning Cases Nos 66111 and 66744 of 21 June 2010;
            
         
               2.
            
            
               to order the EFTA Surveillance Authority to pay the costs of these proceedings.
            
         
      Legal and factual background and pleas in law adduced in support:
   
   
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               The Applicant, Aleris Ungplan AS, is a private provider of youth services in Norway. Aleris Ungplan AS is a wholly owned subsidiary of the Aleris Group which has its headquarter in Stockholm, Sweden.
            
         
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               The Applicant lodged a complaint with the EFTA Surveillance Authority alleging that the exclusion of all youth care providers except for non-profit organisations from two public procurements relating to youth care services in Norway was contrary to the EEA Agreement.
            
         
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               With the contested decision, the EFTA Surveillance Authority closed the case, considering that the exclusions were not contrary to the EEA Agreement.
            
         
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               The Applicant claims that the EFTA Surveillance Authority:
               
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                           failed to uphold the principle of non-discrimination of Article 2 of Directive 2004/18/EC and the rules applicable to public procurement under EEA law, and
                        
                     
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                           failed to sufficiently state the reasons for its decision.