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Case T-188/08: Order of the Court of First Instance of 9 July 2009 — infeurope v Commission (Action for declaration of failure to act, for annulment and for damages — Public service contracts — Call for tenders concerning consultancy, audit and study services for OHIM — Administrative appeal before the Commission — Implied Commission decision to dismiss — New claims — Connection between the action for a declaration of failure to act and the action for damages — Manifest inadmissibility)
ECLI:EU:UNKNOWN:62008TB0188
62008TB0188
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Valentina R., lawyer
26.9.2009
Official Journal of the European Union
C 233/16
(Case T-188/08)
(Action for declaration of failure to act, for annulment and for damages - Public service contracts - Call for tenders concerning consultancy, audit and study services for OHIM - Administrative appeal before the Commission - Implied Commission decision to dismiss - New claims - Connection between the action for a declaration of failure to act and the action for damages - Manifest inadmissibility)
2009/C 233/28
Language of the case: English
Parties
Applicant: infeurope (Luxembourg, Luxembourg) (represented by: O. Mader, lawyer)
Defendant: Commission of the European Communities (represented by: N. Bambara and E. Manhaeve, acting as Agents)
Re:
First, APPLICATION for a declaration that the Commission failed to act in that it unlawfully failed to annul the decision to award framework contracts following the call for tenders procedure AO/026/06 of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) for the provision of consultancy services, audits and studies, and to terminate the specific contracts concluded under those framework contracts and, in the alternative, APPLICATION for annulment of the alleged implied decision of the Commission to dismiss the applicant’s administrative appeal of 13 December 2007 in the context of that tendering procedure and, secondly, APPLICATION for compensation for the harm allegedly suffered as a result of the alleged unlawful omissions on the part of the Commission.
Operative part of the order
1.The action is dismissed.
2.infeurope is ordered to pay the costs.
(<span class="super">1</span>) OJ C 171, of 5.7.2008.