Order of the President of the General Court of 17 July 2015 —

GSA and SGI v Parliament

(Case T‑321/15 R)

‛Application for interim measures — Public service contracts — Tender procedure — Fire security, assistance to persons and external surveillance at the European Parliament’s site in Brussels — Rejection of the bid made by a tenderer and award of the contract to another tenderer — Application for suspension of operation of a measure — Lack of 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 (Arts 256(1) TFEU, 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 156(3)) (see paras 18-20)

2. Application for interim measures — Suspension of operation of a measure — Conditions for granting — Urgency — Assessment in public procurement litigation — Serious damage — Sufficient where particularly strong prima facie case constituted by manifest 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; Commission Regulation No 1268/2012, Art. 171(1)) (see paras 27-29, 31)

3. EU public contracts — Conclusion of a contract following a call for tenders — Discretion of the institutions — Judicial review — Limits (see para. 39)

4. Application for interim measures — Suspension of operation of a measure — Conditions for granting — Urgency — Assessment in public procurement litigation — Serious damage — Sufficient where particularly strong prima facie case constituted by manifest and serious illegality — Obligation of tenderers to obtain authorisation to carry out a service open to tender — Clear and serious breach of the principles of proportionality and equality — Clear and serious breach of the freedom to provide services — Prima facie absence (Art. 278 TFEU; Charter of Fundamental Rights of the European Union, Art. 47) (see paras 41-55, 61-64)

5. Application for interim measures — Suspension of operation of a measure — Dismissal of application — Possibility of introducing a fresh application — Condition — New facts (Art. 278 TFEU; Rules of Procedure of the General Court, Art. 160) (see paras 66-68)

Re:

APPLICATION, in essence, for suspension of operation, first, of the decision of 12 June 2015 in which the Parliament declared non-compliant the tender submitted by the applicants in respect of the tendering procedure for service contract EP/DGSAFE/UIB/SER/2014-014 for the provision of fire security, assistance to persons and external surveillance at the European Parliament’s site in Brussels, and, secondly, the decision by which that contract was awarded to the company Securitas.

Operative part

1. The application for interim measures is dismissed.

2. The order of 25 June 2015 in Case T‑321/15 R is cancelled.

3. Costs are reserved.

Order of the President of the General Court of 17 July 2015 —

GSA and SGI v Parliament

(Case T‑321/15 R)

‛Application for interim measures — Public service contracts — Tender procedure — Fire security, assistance to persons and external surveillance at the European Parliament’s site in Brussels — Rejection of the bid made by a tenderer and award of the contract to another tenderer — Application for suspension of operation of a measure — Lack of 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 (Arts 256(1) TFEU, 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 156(3)) (see paras 18-20)

2. Application for interim measures — Suspension of operation of a measure — Conditions for granting — Urgency — Assessment in public procurement litigation — Serious damage — Sufficient where particularly strong prima facie case constituted by manifest 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; Commission Regulation No 1268/2012, Art. 171(1)) (see paras 27-29, 31)

3. EU public contracts — Conclusion of a contract following a call for tenders — Discretion of the institutions — Judicial review — Limits (see para. 39)

4. Application for interim measures — Suspension of operation of a measure — Conditions for granting — Urgency — Assessment in public procurement litigation — Serious damage — Sufficient where particularly strong prima facie case constituted by manifest and serious illegality — Obligation of tenderers to obtain authorisation to carry out a service open to tender — Clear and serious breach of the principles of proportionality and equality — Clear and serious breach of the freedom to provide services — Prima facie absence (Art. 278 TFEU; Charter of Fundamental Rights of the European Union, Art. 47) (see paras 41-55, 61-64)

5. Application for interim measures — Suspension of operation of a measure — Dismissal of application — Possibility of introducing a fresh application — Condition — New facts (Art. 278 TFEU; Rules of Procedure of the General Court, Art. 160) (see paras 66-68)

Re:

APPLICATION, in essence, for suspension of operation, first, of the decision of 12 June 2015 in which the Parliament declared non-compliant the tender submitted by the applicants in respect of the tendering procedure for service contract EP/DGSAFE/UIB/SER/2014-014 for the provision of fire security, assistance to persons and external surveillance at the European Parliament’s site in Brussels, and, secondly, the decision by which that contract was awarded to the company Securitas.

Operative part

1. The application for interim measures is dismissed.

2. The order of 25 June 2015 in Case T‑321/15 R is cancelled.