27.8.2011

EN

Official Journal of the European Union

C 252/37

(Case T-329/11)

2011/C 252/84

Language of the case: Italian

Parties

Applicant: TM.E SpA — Termomeccanica Ecologia (Milan, Italy) (represented by: C. Malinconico, S. Fidanzia and A. Gigliola, lawyers)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:

—annul the decision of the European Commission of 20 April 2011 ruling out the need to initiate infringement proceedings against Romania for breach of the Community principles and directives on the award of public procurement contracts and of the ‘Practical Guide to contract procedures financed from the General Budget of the European Communities in the context of external actions’;

—order the European Commission to pay damages in the amount of EUR 18 955 106, or such greater or lesser amount as may be considered appropriate by the Court, by way of compensation to TM.E for the damage sustained by TM.E SpA as a result of the breach of Community law on the part of the European Commission itself;

—in the alternative, order the European Commission to pay compensation for the loss of opportunity suffered by TM.E, equivalent to EUR 3 791 021, or to pay such greater or lesser amount as may be considered appropriate by the Court;

—in the further alternative, order the European Commission to pay compensation for the delay attributable to the European Commission in the performance of its duties, quantifiable as the overall amount represented by the legal fees incurred by TM.E, equal to EUR 73 044,32, or such greater or lesser amount as may be considered appropriate by the Court;

—order the European Commission to pay the costs of the proceedings.

Pleas in law and main arguments

The present action seeks annulment of the letter of the European Commission of 20 April 2011 ruling out the need to initiate infringement proceedings against Romania for breach of the Community principles and directives on the award of public procurement contracts and of the ‘Practical Guide to contract procedures for EU external actions’ (‘the PRAG’) drawn up by the Commission itself, and compensation for the damage brought about by the Commission in the performance of its duties.

In support of the action, TM.E relies on three pleas in law.

1.First plea in law, alleging breach of the essential procedural requirements laid down in the PRAG, and breach of the Treaties or of any rule of law relating to their application

2.Second plea in law, alleging breach of essential procedural requirements and of the PRAG, and distortion of the facts

3.Third plea in law, alleging failure by the Commission to make a finding in relation to the further breach complained of