23.12.2019

Official Journal of the European Union

C 432/43

(Case T-417/18) (<span class="super note-tag">1</span>)

(Action for annulment - Institutional law - Obligation to award the translation services required for EUIPO’s functioning to the CdT - Termination of the arrangement between the CdT and EUIPO - Publication of a call for tenders for translation services - Plea of inadmissibility - No interest in bringing proceedings - No need to adjudicate in part - Partial inadmissibility)

(2019/C 432/49)

Language of the case: French

Parties

Applicant: Translation Centre for the Bodies of the European Union (CdT) (represented by: J. Rikkert and M Garnier, acting as Agents)

Defendant: European Union Intellectual Property Office (represented by: N. Bambara and D. Hanf, acting as Agents)

Re:

In the first place, an application based on Article 263 TFEU seeking annulment, first, of EUIPO’s letter of 26 April 2018, inasmuch as it gives notice of EUIPO’s intention not to extend beyond 31 December 2018 the arrangement concluded in 2016 with the CdT concerning translation services required for EUIPO’s functioning, secondly, of EUIPO’s letter of 26 April 2018, inasmuch as it informs the CdT of its intention to take the necessary precautionary steps to ensure the continuity of the translation services beyond 31 December 2018, in particular by publishing calls for tenders and, thirdly, of EUIPO’s decision to publish in the Official Journal of the European Union a call for tenders for translation services under reference 2018/S 114 — 258472; in the second place, an application for an order prohibiting EUIPO from signing contracts in connection with that call for tenders; and in the third place, an application for a declaration that the publication of a call for tenders for translation services by an agency or any other body or office of the European Union is unlawful, where a founding regulation stipulates that translation services are to be provided by the CdT.

Operative part of the judgment

The Court:

1.Declares that there is no longer any need to adjudicate on the application for annulment of the decision to terminate the arrangement concluded on 13 December 2016 between the Translation Centre for the Bodies of the European Union (CdT) and the European Union Intellectual Property Office (EUIPO);

2.Dismisses the action as to the remainder;

3.Orders EUIPO to bear its own costs and to pay half of the costs of the CdT, including those relating to the interim proceedings in Case T-417/18 R.

(<span class="note">1</span>) OJ C 341, 24.9.2018.