Case C‑49/15 P(R)

STC SpA

v

European Commission

‛Appeal — Order for interim measures — Public works contracts — Delegated Regulation (EU) No 1268/2012 — Call for tenders for the construction and maintenance of a tri-generation plant with one gas turbine — Tender amended after the opening of tenders — Rejection of the appellant’s tender — Inadmissibility — Error of law — None’

Summary — Order of the Vice-President of the Court, 5 June 2015

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 (Arts 256(1), TFEU, 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) Appeal — Grounds — Mere repetition of the pleas and arguments put forward before the General Court — Error of law relied on not identified — Inadmissibility (Art. 256(1) TFEU; Statute of the Court of Justice, Art. 58, first para; Rules of Procedure of the Court of Justice, Art. 168(1)(d)) 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 the Commission rejecting a tenderers bid under a public procurement procedure — Plea in law alleging no opportunity for the tenderer to amend its bid after the tenders have been opened — Plea prima facie lacking in foundation — Rejection (Art. 278 TFEU; European Parliament and Council Regulation No 966/2012, Art. 112; Commission Regulation No 1268/2012, Art. 160(3))

See the text of the decision. (see para. 15) See the text of the decision. (see para. 16) See the text of the decision. (see paras 43, 44, 46)

Case C‑49/15 P(R)

STC SpA

v

European Commission

‛Appeal — Order for interim measures — Public works contracts — Delegated Regulation (EU) No 1268/2012 — Call for tenders for the construction and maintenance of a tri-generation plant with one gas turbine — Tender amended after the opening of tenders — Rejection of the appellant’s tender — Inadmissibility — Error of law — None’

Summary — Order of the Vice-President of the Court, 5 June 2015

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 (Arts 256(1), TFEU, 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) Appeal — Grounds — Mere repetition of the pleas and arguments put forward before the General Court — Error of law relied on not identified — Inadmissibility (Art. 256(1) TFEU; Statute of the Court of Justice, Art. 58, first para; Rules of Procedure of the Court of Justice, Art. 168(1)(d)) 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 the Commission rejecting a tenderers bid under a public procurement procedure — Plea in law alleging no opportunity for the tenderer to amend its bid after the tenders have been opened — Plea prima facie lacking in foundation — Rejection (Art. 278 TFEU; European Parliament and Council Regulation No 966/2012, Art. 112; Commission Regulation No 1268/2012, Art. 160(3))