This document is an excerpt from the EUR-Lex website
Document 62022CO0739
Order of the Vice-President of the Court of 20 March 2023.
Xpand Consortium and Others v European Commission.
Appeal – Interim relief – Public procurement – Application for interim measures – Admissibility of new claims – Interest in bringing proceedings – Initiation of a new proceeding – Loss of subject matter of the application for interim measures put forward at first instance.
Case C-739/22 P(R).
Order of the Vice-President of the Court of 20 March 2023.
Xpand Consortium and Others v European Commission.
Appeal – Interim relief – Public procurement – Application for interim measures – Admissibility of new claims – Interest in bringing proceedings – Initiation of a new proceeding – Loss of subject matter of the application for interim measures put forward at first instance.
Case C-739/22 P(R).
Court reports – general – 'Information on unpublished decisions' section
ECLI identifier: ECLI:EU:C:2023:228
Order of the Vice-President of the Court of 20 March 2023 –
Xpand Consortium and Others v Commission
(Case C‑739/22 P(R))
(Appeal – Interim relief – Public procurement – Application for interim measures – Admissibility of new claims – Interest in bringing proceedings – Initiation of a new proceeding – Loss of subject matter of the application for interim measures put forward at first instance)
|
1. |
Appeals – Grounds – Form of order not seeking the annulment in full or in part of the operative part of the order under appeal – New form of order – Inadmissible (Rules of Procedure of the Court of Justice, Arts 169(1) and 170(1)) (see paragraphs 16-20) |
|
2. |
Appeals – Legal interest in bringing proceedings – Condition – Appeal not capable of procuring an advantage for the party bringing it (Art. 256 TFUE; Statute of the Court of Justice, Art. 56) (see paragraphs 22, 28) |
Operative part
|
1. |
The appeal is dismissed. |
|
2. |
Xpand Consortium, NTT Data Belgique SRL, Sopra Steria Benelux SA and Fujitsu Technology Solutions SA are ordered to pay the costs of the appeal proceedings. |