EN

Official Journal of the European Union

C 261/22

(Case T-232/06)

(2006/C 261/42)

Language of the case: English

Parties

Applicant: Eyropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE (Athens, Greece) (represented by: N. Korogiannakis and N. Keramidas, lawyers)

Defendant: Commission of the European Communities

Form of order sought

—Annulment of the decision of DG TAXUD to evaluate the applicant's bid as not successful and award the contract to the successful contractor;

—order DG TAXUD to pay the applicant's legal and other costs and expenses incurred in connection with this application, even if the current application is rejected;

—order DG TAXUD to pay applicant's damages suffered on account of the tendering procedure in question.

Pleas in law and main arguments

By means of its application, the applicant seeks annulment of DG TAXUD's decision of 19 June 2006, rejecting its bid filed in response to the open Call for Tenders TAXUD/2005/AO-001 for specification, development, maintenance and support of customs IT services relating to projects of the DG-TAXUD ‘CUST-DEV’ (OJ 2005/S 117-115222) and awarding the same Call for Tender to another bidder.

In support of its claims the applicant puts forward that, in the framework of the said tendering procedure, DG TAXUD failed to respect the procedural requirements set out in the Financial Regulation and its Implementing Rules, thus resulting in unequal treatment of tenderers and violation of principles of transparency and sound administration. Moreover, DG TAXUD's decision allegedly contained manifest errors of assessment and according to the applicant, by far exceeded the discretion that European Institutions dispose of when evaluating tenders.