Order of the President of the of the General Court of 23 January 2018 –
Seco Belgium and Vinçotte v Parliament

(Case T‑812/17 R)

(Interim measures — Public procurement — Application for suspension of operation of a measure — Withdrawal of the contested act — No need to adjudicate in part — Application for an injunction — No urgency)

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—Balancing of all the interests involved—Order of examination and method of verification—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. 156)

(see paras 11-14)

2.	Application for interim measures—Suspension of operation of a measure—Withdrawal of the contested measure—Request which has become devoid of purpose—No need to adjudicate (Art. 278 TFEU) (see paras 18-20)

Application for interim measures—Suspension of operation of a measure—Interim measures—Conditions for granting—Urgency—Serious and irreparable damage—Loss of opportunity arising from the exclusion of a tenderer from a tendering procedure—Withdrawal by the adjudicating authority of the decision to award the contract—Whether the risk materialises dependent on a future decision to award the contact—No urgency

(Art. 278 TFEU)

(see paras 23, 24)

Re:

Application on the basis of Articles 278 and 279 TFEU, first, for a suspension of the operation of the decision of the Parliament of 1 December 2017 to reject the applicants’ tender in the tender procedure 06D 20/2017/M005 entitled ‘Assignments to perform inspections and provide technical opinions in the context of construction works, projects and purchases at the European Parliament in Brussels’ and to award the contract to another tenderer, and secondly, for an injunction against the Parliament.

Operative part

There is no need to adjudicate on the application for a suspension of the operation of the decision of the Parliament of 1 December 2017 to reject the tender of Seco Belgium and Vinçotte in the tender procedure 06D 20/2017/M005 entitled ‘Assignments to perform inspections and provide technical opinions in the context of construction works, projects and purchases at the European Parliament in Brussels’ and to award the contract to another tenderer.

2.	The application for interim measures is dismissed as to the remainder.

3.	The order of 21 December 2017, Seco Belgium and Vinçotte v Parliament (T‑812/17 R), is set aside.

4.	The costs are reserved.