Notices for publication in the OJ nº T-320/09 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-320/09

Action brought on 14 August 2009 - Planet v Commission

(Case T-320/09)

Language of the case: Greek

Parties

Applicant: Planet AE, a public limited consultancy company (represented by: V. Christianos, lawyer)

Defendant: Commission of the European Communities

Form of order sought

annul the two Commission (OLAF) decisions requesting the applicant's registration initially in category W1a and subsequently in category W1b of the early warning system (EWS);

order the Commission to pay the applicant's costs.

Pleas in law and main arguments

The present action seeks the annulment, first, of the Commission decision requesting the applicant's registration in category W1a of the early warning system ('the EWS') and, second, of the Commission decision requesting the amendment of that first decision in order to register the applicant from 25 May 2009 in the more unfavourable category W1b of the EWS.

The applicant submits that the contested measures are vitiated by infringement of essential procedural requirements, on account of a failure to comply with the conditions laid down by Decision 2008/969/EC that relate to the procedural rules which must be followed in order for registrations entered in the EWS to be consistent with Community law. In particular, the applicant observes that, under Article 8(1) of that decision, the competent Commission organ responsible for signing a contract is obliged to inform in advance the natural or legal person in respect of whom registration of a warning in the EWS has been requested that data concerning him may be registered. Moreover, under Article 3(1)(c) of the decision, the registration must be accompanied by due reasoning.

The applicant further contends that the failure to comply with the obligations laid down by Article 8 of Decision 2008/969/EC also infringes basic principles and fundamental rights recognised by Community law. In the applicant's submission, the Commission's conduct is contrary to the principle of sound administration, laid down in...