CELEX: C2001/079/47
Language: en
Date: 2001-03-10 00:00:00
Title: Case T-22/01: Action brought on 26 January 2001 by Petros Efthymiou against Commission of the European Communities

C 79/26                 EN                     Official Journal of the European Communities                                     10.3.2001
       —    24 000 000 euro for loss of the chance of being               The applicant claims that the Court should:
            awarded the contract in issue;
                                                                          —     annul the decision of the appointing authority of 11 Janu-
       —    63 000 euro for the expenses and ancillary costs                    ary 2001 imposing on the applicant the disciplinary
            agreed to in the context of participation in the                    measure of downgrading from A 5 to A 6, on the same
            restricted invitation to tender;                                    step, as provided for in Article 86(2)(e) of the Staff
                                                                                Regulations;
       —    2 000 000 euro for the non-material damage suf-
            fered by the applicant;                                       —     order the Commission to compensate him for material
                                                                                and non-material damage, provisionally assessed, with all
—      order the defendant to pay all the costs.                                manner of reservations, at EUR 1 350 000;
                                                                          —     order the Commission to pay the costs.
Pleas in law and main arguments
                                                                          Pleas in law and main arguments
The applicant in the present case, the subject-matter of which
is the same as in Case T-205/00 Renco v Council (1), seeks full
compensation for the damage suffered by it as a result of the             The applicant contests the disciplinary measure imposed on
irregularities established in the award of a public contract for          him following alleged irregularities committed in the course of
general installation and maintenance works to be carried out              his duties as Head of the Delegation of the European Com-
in the buildings of the Council following the issue of invitation         mission in Bratislava (Slovak Republic).
to tender No 99/S 146-107865/FR of 30 July 1999.
                                                                          In support of his claims, he puts forward the following pleas
It is alleged that the Council has incurred liability on account          in law:
of, in particular, its failure to comply with the requirements
imposed by Directive 93/37/EEC (2), which applies to the                  —     Breach of the rights of the defence and of the disciplinary
contract in issue. The applicant also complains that the Council                procedure.
disappointed the legitimate expectations of the tenderers
concerning the selection criteria actually applied in the                 —     Lack of a statement of reasons and erroneous statement
decision-making process.                                                        of reasons.
(1) OJ C 285 of 7.10.2000, p. 19.                                         —     Manifest error of assessment of the facts giving rise to a
(2) Council Directive 93/37/EEC of 14 June 1993 concerning the                  misassessment of law.
    coordination of procedures for the award of public works
    contracts.                                                            —     Breach of the principle of proportionality.
Action brought on 26 January 2001 by Georgios S. Zavvos                   Action brought on 26 January 2001 by Petros Efthymiou
     against Commission of the European Communities                           against Commission of the European Communities
                          (Case T-21/01)                                                          (Case T-22/01)
                          (2001/C 79/46)                                                          (2001/C 79/47)
                    (Language of the case: French)                                          (Language of the case: French)
An action against the Commission of the European Communi-                 An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the                ties was brought before the Court of First Instance of the
European Communities on 26 January 2001 by Georgios                       European Communities on 26 January 2001 by Petros Efthy-
S. Zavvos, residing in Linkebeek (Belgium), represented by                miou, residing in Luxembourg, represented by Jean-Noël Louis
Georges Vandersanden and Laure Levi, Avocats, with an                     and Véronique Peere, avocats, with an address for service in
address for service in Luxembourg.                                        Luxembourg.
 ---pagebreak--- 10.3.2001            EN                    Official Journal of the European Communities                                       C 79/27
The applicant claims that the Court should:                           Pleas in law and main arguments
—    annul the decisions of the Commission concerning                 The applicant contests the decision of the Commission to
     ‘supplementary amendments’ in respect of mission                 recover part of the amount which was paid to him by way of
     expenses incurred by the applicant from 5 to 11 and              mission expenses incurred during September and November
     from 12 to 18 September 1999 and from 8 to 11 Novem-             1999. In support of his application, the applicant puts forward
     ber 1999;                                                        the following pleas in law:
—    annul the decision to charge to the applicant overcharges        —     failure to fulfil the obligation to give reasons;
     amounting to EUR 239,08, EUR 254,7 and EUR 90,05;
                                                                      —     infringement of Article 11(1) and 12(2) of Annex VII of
—    order the Commission to repay to the applicant those                   the Staff Regulations;
     amounts together with default interest calculated at 6 %
     per annum as from 26 June 2000;                                  —     manifest error of assessment; and
—    order the defendant to pay the costs.                            —     invalidity of the 1999 Missions Guide.