18.7.2009

EN

Official Journal of the European Union

C 167/19

(Case T-196/09)

2009/C 167/37

Language of the case: English

Parties

Applicant: TerreStar Europe Ltd (London, United Kingdom) (represented by: R. Olofsson, lawyer, J. Killick, Barrister)

Defendant: Commission of the European Communities

Form of order sought

The applicant claims that the Court should:

—annul the contested decision;

—order the Commission to pay the costs;

—take such other of further steps as justice may require.

Pleas in law and main arguments

In the present case, the applicant seeks the annulment of Commission Decision C(2009) 3746 final/2 of 13 May 2009, regarding selection of operators of pan-European systems providing mobile satellite services (MSS) adopted in application of the Decision No 626/2008/EC (1) in so far as it rejects the application of the applicant.

In support of its claims, the applicant puts forward three pleas in law.

First, it submits that the Commission committed a manifest error of assessment in finding that TerreStar did not meet the required milestones. The applicant claims that the inconsistencies between the information and a lack of evidence in completion of one of the milestone as found by the Commission were due to a misunderstanding of the information submitted and could have been cleared up on a simple request by the Commission.

Second, the applicant contends that the Commission acted in breach of the principle of good administration and the principle of proportionality by failing to request clarification and to review the clarifications voluntarily submitted by TerreStar.

Third, in the alternative, the applicant claims that the contested decision lacks adequate reasoning.

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(1) Decision No 626/2008/EC of the European Parliament and of the Council of 30 June 2008 on the selection and authorisation of systems providing mobile satellite services (MSS) (OJ 2008 L 172, p. 15)