Order of the Court of First Instance of 14 May 2008 - Icuna.Com v Parliament

(Joined Cases T-383/06 and T-71/07) ¹

(Actions for annulment - Actions for damages - Public service contracts - Community tendering procedure - Rejection of a tender - Decision to annul the tendering procedure - Action manifestly lacking any foundation in law - No need to give a decision)

Language of the case: French

Parties

Applicant: Icuna.Com SCRL (Braine-le-Château, Belgium) (represented by: J. Windey and P. De Bandt, lawyers)

Defendant: European Parliament (represented by: O. Caissou-Rousseau and M. Ecker, Agents)

Re:

In Case T-383/06, (i) an application for annulment of the decision of the European Parliament of 1 December 2006 rejecting the tender submitted by the applicant in the framework of lot 2 (programme contents) of the tender procedure EP/DGINFO/WEBTV/2006/0003 relating to the creation and establishment of the European Parliament web television channel and (ii) an application for damages to compensate for the loss allegedly suffered by the applicant following the adoption of the decision of 1 December 2006 and, in Case T-71/07, (i) an application for annulment of the decision of the European Parliament of 31 January 2007 annulling the tender procedure EP/DGINFO/WEBTV/2006/0003 relating to the creation and establishment of the European Parliament web television channel, in so far as concerns lot 2 (programme contents), and (ii) an application for damages to compensate for the loss allegedly suffered by the applicant following the adoption of the decision of 31 January 2007.

Operative part of the order

1.    Cases T-383/06 and T-71/07 shall be joined for the purposes of the order.

2.    In Case T-71/07, the objection of inadmissibility shall be considered together with the substance of the case.

3.    The action in Case T-71/07 is dismissed as manifestly lacking any foundation in law.

4.    There is no longer any need to give a decision on the application for annulment in Case T-383/06.

5.    The application for damages in Case T-383/06 is dismissed as manifestly lacking any foundation in law.

6.    In Case T-383/06, the Parliament shall bear its own costs and pay half of the costs of Icuna.Com SCRL, including those relating to the proceedings for interim relief. Icuna.Com shall bear half of its own costs.

7.     In Case T-71/07, Icuna.Com shall bear its own costs and pay those incurred by the Parliament, including those relating to the proceedings for interim relief and to the objection of inadmissibility.

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¹ - OJ C 20, 27.1.2007.