Orders (Information) nº T-199/14 of The General Court, December 04, 2014

• Resolution Date: December 04, 2014
• Issuing Organization: The General Court
• Decision Number: T-199/14

Case T-199/14 R

(publication by extracts)

Vanbreda Risk & Benefits

v

European Commission

(Application for interim measures - Public service contracts - Tendering procedure - Supply of insurance services for property and persons - Rejection of a tender - Application for suspension of operation - Admissibility - Prima facie case - Urgency - Balancing of interests)

Summary - Order of the President of the General Court, 4 December 2014

1. Application for interim measures - Suspension of operation of a measure - Interim measures - Conditions for granting - Interim proceedings in public procurement cases - Account to be taken of the particular role of interim relief proceedings in order to ensure effective judicial protection

   (Arts 256(1) TFEU, 278 TFEU and 279 TFEU; Charter of Fundamental Rights of the European Union, Art. 47; Rules of Procedure of the General Court, Art. 104(1); Commission Regulation No 1268/2012, fortieth recital; European Parliament and Council Directives 2007/66, third recital, and 2014/24, Art. 91(2); Council Directive 89/665, first to fifth recitals and Art. 2(1))

2. Application for interim measures - Suspension of operation of a measure - Conditions for granting - Prima facie case - Prima facie examination of the pleas in law put forward in support of the main action - Scope - Detailed examination not prohibited

   (Arts 256(1) TFEU, 278 TFEU and 279 TFEU)

3. Application for interim measures - Suspension of operation of a measure - Conditions for granting - Prima facie case - Prima facie examination of the pleas in law put forward in support of the main action - Action against a Commission decision to reject a tender for a public contract - Plea that decision allowing an insurance broker to participate in a call for tenders in an insurance matter as a single tenderer appointed by insurance companies illegal - Plea not prima facie lacking in foundation

   (Arts 278 TFEU and 279 TFEU; European Parliament and Council Regulation No 966/2012; Commission Regulation No 1268/2012)

4. Application for interim measures - Suspension of operation of a measure - Conditions for granting - Prima facie case - Prima facie examination of the pleas in law put forward in support of the main action - Action against a Commission decision to reject a tender for a public contract - Plea that tenderer’s offer irregularly amended after the opening of tenders - Plea not prima facie lacking in foundation

   (Arts 278 TFEU and 279 TFEU; European Parliament and Council Regulation No 966/2012, Art. 112(1); Commission Regulation No 1268/2012, Art. 160)

5. Application for interim measures - Suspension of operation of a measure - Conditions for...