Comunicazioni sulla GU nº T-46/18 of Tribunal General de la Unión Europea, February 23, 2018
Resolution Date | February 23, 2018 |
Issuing Organization | Tribunal General de la Unión Europea |
Decision Number | T-46/18 |
Ricorso proposto il 30 gennaio 2018 - Comune di Milano/Consiglio
(Causa T-46/18)
Lingua processuale: l’italiano
Parti
Ricorrente: Comune di Milano (Milano, Italia) (rappresentanti: F. Sciaudone e M. Condinanzi, avvocati)
Convenuta: Consiglio dell’Unione europea
Conclusioni
Il ricorrente chiede che il Tribunale voglia:
annullare ai sensi dell’art. 263 TFUE della decisione del Consiglio assunta a margine della 3579a riunione del Consiglio in formazione Affari Generali del 20 novembre 2017 e concernente la selezione della nuova sede dell’Agenzia europea per i medicinali (“EMA”), pubblicata attraverso Comunicato Stampa che ne contiene il resoconto (Outcome of the Council Meeting (3579th Council meeting), il Comunicato Stampa medesimo, Presse 65, provisional version nella parte in cui è stabilito che la nuova sede dell’Agenzia europea per i medicinali fosse collocata ad Amsterdam;
condannare il Consiglio al pagamento delle spese del presente giudizio.
Motivi e principali argomenti
A sostegno del suo ricorso, il ricorrente deduce tre motivi.
Primo motivo, vertente sullo sviamento di potere.
Si fa valere a questo riguardo che il fine perseguito dal Consiglio mediante la procedura di selezione era quello di individuare la migliore offerta per la riallocazione della sede dell’EMA alla luce dei criteri prefissati di selezione. Di contro, l’individuazione della nuova sede dell’EMA mediante sorteggio e senza alcuna integrazione dell’istruttoria si pone in contrasto con lo scopo, dichiarato in sede di fissazione delle regole della procedura, di selezionare l’offerta migliore attraverso un processo decisionale trasparente, sulla base di valutazioni tecniche e specifici criteri predeterminati...
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