12.4.2008

EN

Official Journal of the European Union

C 92/32

(Case T-32/08)

(2008/C 92/66)

Language of the case: English

Parties

Applicant: Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE (Athens, Greece) (represented by: N. Korogiannakis, lawyer)

Defendant: Commission of the European Communities

Form of order sought

—Annul the decision of the Commission to evaluate the applicant's bid as not successful and award the contract to the successful contractor;

—order the Commission to pay the applicant's damages suffered on account of the tendering procedure in question for an amount of EUR 65 565;

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

Pleas in law and main arguments

In support of its claims the applicant argues that, in the framework of the tendering procedure ENV.A.1/SER/2007/0032 for the ‘Market analysis in view of developing a new approach for the “Environment for Young Europeans” website’ (OJ 2007/S 83 -100898) the European Commission failed to comply with its obligations foreseen in the Financial Regulation (1), its Implementing Rules and Directive 2004/18/EC (2).

The applicant moreover submits that the contracting authority committed several manifest errors of assessment which resulted in the rejection of its bid. Furthermore, the contracting authority allegedly infringed its obligation to state reasons for its decision and, in particular, to inform the applicant on the relative merits of the successful tenderer.

The applicant requests, hence, that the decision of the European Commission to reject its bid and to award the contract to the successful tenderer be annulled and that the defendant is ordered to pay all legal expenses related to the proceedings even in case the application is rejected. In the alternative, since the contract will most probably have been fully executed by the time the Court reaches its decision or if it is no longer possible to annul the decision, the applicant requests monetary compensation (damages) in accordance with Articles 235 and 288 EC.

(1) 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 L 248, p. 1).

(2) Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts (OJ L 134, p. 114).