Order of the President of the General Court of 5 December 2014 — AF Steelcase v OHIM (Case T‑652/14 R)
‛Interim measures — Public procurement — Supply and installation of furniture — Rejection of a submitted tender — Application for suspension of operation — No prima facie case’
|
1. |
Application for interim measures — Suspension of operation of a measure — Interim measures — Conditions for granting — Prima facie case — Serious and irreparable damage — Cumulative nature — 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. 104(2)) (see paras 15-17) |
|
2. |
Acts of the institutions — Statement of reasons — Obligation — Scope — Decision, in the procedure for the award of a public service contract, not to accept a tender — Obligation to communicate, following a written request, the characteristics and relative advantages of the tender accepted and the name of the tenderer (Art. 296 TFEU; Charter of Fundamental Rights of the European Union, Art. 41(2)(c)) (see paras 23, 24) |
|
3. |
Fundamental rights — Charter of Fundamental Rights of the European Union — Right to sound administration — Scope (Charter of Fundamental Rights of the European Union, Art. 41(1)) (see para. 31) |
Re:
APPLICATION for interim measures seeking, essentially, suspension of the decision of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 8 July 2014 rejecting the tender submitted by the applicant in the context of the tender procedure concerning the supply and installation of furniture and accessories in OHIM’s buildings.
Operative part
|
1. |
The application for interim measures is dismissed. |
|
2. |
Costs are reserved. |