Order of the Court of First Instance of 9 July 2009 - infeurope v Commission
(Action for declaration of failure to act, for annulment and for damages - Public service contracts - Call for tenders concerning the maintenance of OHIM's computer systems - Administrative appeal before the Commission - Implied Commission decision to dismiss - New claims - Connection between the action for a declaration of failure to act and the action for damages - Manifest inadmissibility)
Language of the case: English
Parties
Applicant: infeurope (Luxembourg, Luxembourg) (represented by: O. Mader, lawyer)
Defendant: Commission of the European Communities (represented by: N.Bambara and E. Manhaeve, acting as Agents)
Re:
First, APPLICATION for a declaration that the Commission failed to act in that it unlawfully failed to annul the decision to award framework contracts under the tendering procedure AO/042/05 of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) for software maintenance relating to OHIM core business systems on trade marks and designs, and to terminate the specific contracts concluded under those framework contracts and, in the alternative, APPLICATION for annulment of the alleged implied decision of the Commission to dismiss the applicant's administrative appeal of 2 December 2007 in the context of that tendering procedure and, secondly, APPLICATION for compensation for the harm allegedly suffered as a result of the alleged unlawful omissions on the part of the Commission.
Operative part of the order
1. The action is dismissed.
2. infeurope shall bear its own costs and pay those incurred by the Commission.
3. It is not necessary to rule on the application to intervene submitted by European Dynamics SA.
4. infeurope, the Commission and European Dynamics shall bear their own costs in connection with the application to intervene.
____________1 - OJ C 171, of 5.7.2008.