CELEX: 62011TA0087
Language: en
Date: 2013-04-10 00:00:00
Title: Case T-87/11: Judgment of the General Court of 10 April 2013 — GRP Security v Court of Auditors (Arbitration clause — Public service contracts — Surveillance and security services for the buildings of the Court of Auditors — Action for annulment — Decision to unilaterally terminate the contract with application for payment of damages and interest — Measure of a contractual nature — Lack of reclassification of the action — Inadmissibility — Decision to impose a penalty of exclusion for three months — Interest in bringing proceedings — Rights of defence — Serious breach of obligations — Principle that penalties must have a proper legal basis — Misuse of powers — Proportionality)

25.5.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 147/16
            
         Judgment of the General Court of 10 April 2013 — GRP Security v Court of Auditors
   (Case T-87/11) (1)
   
   (Arbitration clause - Public service contracts - Surveillance and security services for the buildings of the Court of Auditors - Action for annulment - Decision to unilaterally terminate the contract with application for payment of damages and interest - Measure of a contractual nature - Lack of reclassification of the action - Inadmissibility - Decision to impose a penalty of exclusion for three months - Interest in bringing proceedings - Rights of defence - Serious breach of obligations - Principle that penalties must have a proper legal basis - Misuse of powers - Proportionality)
   2013/C 147/28
   Language of the case: French
   
      Parties
   
   
      Applicant: GRP Security (Bertrange, Luxembourg) (represented by: initially by G. Osch, then by C. Arendt and M. Larbi, lawyers)
   
      Defendant: Court of Auditors of the European Union (represented by: initially by T. Kennedy, J.-M. Stenier and J. Vermer, then by T. Kennedy and J. Vermer, acting as Agents)
   
      Re:
   
   First, application for annulment of the decision of the Court of Auditors of 14 January 2011 to unilaterally terminate the framework service contract ‘Various security services’ (LOG/2026/10/02) and to apply for payment of damages and interest and, secondly, application for annulment of the decision of 14 January 2011 to impose a penalty of exclusion
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Dismisses the action;
            
         
               2.
            
            
               Orders GRP Security to pay the costs, including those relating to the applications for interim measures.
            
         
      (1)  OJ C 120, 16.4.2011.