Orders (Information) nº T-784/17 of Tribunal General de la Unión Europea, January 18, 2018

• Resolution Date: January 18, 2018
• Issuing Organization: Tribunal General de la Unión Europea
• Decision Number: T-784/17

Order of the President of the of the General Court of 18 January 2018 - Strabag Belgium v Parliament

(Case T-784/17 R)

(Application for interim relief - Public works contracts - Application for interim measures - Standstill period - Abnormally low bid - Prima facie case - Urgency - Weighing of the competing interests)

1. Application for interim measures - Suspension of operation of a measure - Interim measures - Conditions for granting - Prima facie case - Urgency - Serious and irreparable damage - Cumulative nature - Balancing of all the interests involved - Order of examination and method of verification - Discretion of the court hearing the application for interim relief

   (Arts 256(1) TFEU, 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 156) (see paras 22-24) 2. Application for interim measures - Suspension of operation of a measure - Conditions for granting - Urgency - Assessment in public procurement litigation - Serious damage - Sufficient in the case of a particularly serious prima facie case constituted by an obvious and serious illegality - Condition - Application for interim measures brought in the standstill period before conclusion of the contract with the successful tenderer

   (Art. 278 TFEU; Charter of Fundamental Rights of the European Union, Art. 47; European Parliament and Council Regulation No 966/2012, Art. 118(2) and (3); Commission Regulation No 1268/2012, Art. 171(1))

   (see paras 26-28) 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 decision of an institution to reject a tender in the context of a public contract - Plea alleging failure to examine the abnormally low nature of a tender - Plea not prima facie lacking in foundation

   (Art. 278 TFEU; Commission Regulation No 1268/2012, Art. 151(1))

   (see paras 30, 61, 63, 65, 66) 4. European Union public contracts - Conclusion of a contract following a call for tenders - Abnormally low offer - Obligation of the contracting authority to hear from the tenderer - Examination by the awarding authority of the abnormally low nature of the tender - Elements to be taken into consideration - Power of the assessment of the awarding authority

   (Commission Regulation No 1268/2012, Art. 151(1))

   (see paras 33-36, 43, 52) 5. Application for interim measures - Suspension of operation of a...