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—Obligation—Scope—Assessment of the duty to state reasons by reference to the circumstances of the case (Art. 296, second para., TFEU) (see paras 54, 57)

6. Application for interim measures—Suspension of operation of a measure—Interim measures—Conditions for granting—Urgency—Serious and irreparable damage—Financial loss—Decision to exclude a tenderer from a tender procedure—Loss capable of being subsequently remedied by means of an action for compensation—Damage which cannot be regarded as irreparable (Arts 268 TFEU, 278 TFEU, 279 TFEU and 340 TFEU; Rules of Procedure of the General Court, Art. 156(4)) (see paras 64, 65, 67, 68)

Re:

Application under Articles 278 and 279 TFEU for suspension of operation of the decision of the Parliament of 19 April 2018 to maintain in force its decision of 24 November 2017 rejecting the applicant’s tender and awarding to five tenderers a framework contract involving general contractor works for Parliament buildings in Brussels (Belgium) (call for tenders 06/D 20/2017/M036).

Operative part

1. The application for interim measures is dismissed.