Notices for publication in the OJ nº T-350/09 of Court of First Instance of the European Communities, October 23, 2009

• Resolution Date: October 23, 2009
• Issuing Organization: Court of First Instance of the European Communities
• Decision Number: T-350/09

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Action brought on 4 September 2009 - ICO Satellite v Commission

(Case T-350/09)

Language of the case: English

Parties

Applicant: ICO Satellite Ltd (Slough, United Kingdom) (represented by: S. Tupper, Solicitor)

Defendant: Commission of the European Communities

Form of order sought

order that Decision No 2009/449/EC of 13 May 2009 on the selection of operators of pan-European Systems providing mobile satellite services (MSS) is void in accordance with the provisions of Articles 230 and 231 EC;

order that the costs of the present action be paid by the defendant and any other orders it may deem appropriate.

Pleas in law and main arguments

By means of its application, the applicant seeks the annulment of Commission Decision No 2009/449/EC of 13 May 2009 on the selection of operators of pan-European Systems providing mobile satellite services ("MSS").

It is submitted that the contested decision has the effect of depriving the applicant of property rights legitimately accrued to it under international law. The applicant further claims that the contested decision is unlawful because the Commission has:

(a) discriminated against the applicant by involving a former chairman of the Inmarsat Ventures Limited Council ("Inmarsat") in the decision-making process, thereby infringing essential procedural requirements and breaching the principle of equal treatment; and

(b) acted unreasonably, by selecting Inmarsat...