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Case T-289/06: Judgment of the Court of First Instance of 22 April 2009 — CESD-Communautaire v Commission (Public procurement — Declaration of a serious breach of contract — Article 93(1)(f) of Regulation (EC, Euratom) No 1605/2002 — Action for annulment — Error of fact and law — Jurisdiction of the Court of First Instance — Legal interest in bringing proceedings — Admissibility — Misuse of powers — Manifest error of assessment — Statement of reasons — Right to a fair hearing)
ECLI:EU:UNKNOWN:62006TA0289
62006TA0289
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Official Journal of the European Union
C 129/13
(Case T-289/06)
(Public procurement - Declaration of a serious breach of contract - Article 93(1)(f) of Regulation (EC, Euratom) No 1605/2002 - Action for annulment - Error of fact and law - Jurisdiction of the Court of First Instance - Legal interest in bringing proceedings - Admissibility - Misuse of powers - Manifest error of assessment - Statement of reasons - Right to a fair hearing)
2009/C 129/21
Language of the case: French
Parties
Applicant: Centre européen pour la statistique et le développement ASBL (CESD-Communautaire) (Luxembourg, Luxembourg) (represented by: D. Grisay and D. Piccininno, lawyers)
Defendant: Commission of the European Communities (represented by: G. Wilms and J.-F. Pasquier, acting as Agents)
Re:
Application for annulment of the Commission’s letter of 11 August 2006 by which it informed the applicant that it had taken the decision to declare, as regards three contracts referred to in that letter, that there had been a serious breach of contract under Article 93(1)(f) of Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (OJ 2002 L 248, p. 1)
Operative part of the judgment
The Court:
1.dismisses the action;
2.orders Centre européen pour la statistique et le développement ASBL (CESD-Communautaire) to pay the costs.
(<span class="super">1</span>) OJ C 310, 16.12.2006.