Orders (Information) nº T-299/18 of Tribunal General de la Unión Europea, June 26, 2018

• Resolution Date: June 26, 2018
• Issuing Organization: Tribunal General de la Unión Europea
• Decision Number: T-299/18

Order of the President of the of the General Court of 26 June 2018 - Strabag Belgium v Parliament

(Case T-299/18 R)

(Application for interim measures - Public works contracts - Application for suspension of operation of a measure - Waiting period - Abnormally low tender - Prima facie case - No urgency)

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 - Order of examination and method of verification - Discretion of the court hearing the application for interim relief - Balancing of all the interests involved

   (Arts 256(1) TFEU, 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 156(4))

   (see paras 25, 27, 28)

2. Application for interim measures - Suspension of operation of a measure - Admissibility criteria - Prima facie admissibility of the main action - Contested decision not notified to the applicant - No effect on the admissibility of the action

   (Arts 263 TFEU and 278 TFEU)

   (see paras 34-36)

3. 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 37, 38)

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 decision rejecting a tenderer’s tender in the context of public procurement - Ground alleging infringement of the applicable legislation and raising a factual difference requiring an indepth examination - No prima facie case

   (Arts 278 TFEU and 279 TFEU)

   (see paras 40, 52)

5. Acts of the institutions - Statement of reasons...