Order of the General Court (First Chamber) of 14 December 2022 –
ICA Traffic v Commission

(Case T‑717/21)

(Action for annulment – Public procurement – Negotiated procedure without prior publication of a contract notice – Supply of disinfection robots to European hospitals in the context of the COVID-19 crisis – Maximum quantity of goods to be supplied under a framework contract – Act forming part of a purely contractual framework – Act not amenable to review – Inadmissibility)

1.	Action for annulment – Actionable measures – Measures producing binding legal effects – Measures altering the applicant’s legal situation (Arts 263 and 288 TFEU) (see paragraphs 31-33)

2.	Action for annulment – Action relating in reality to a contractual dispute – Annulment of a measure which is part of a purely contractual context – No jurisdiction of the EU judicature – Inadmissibility (Arts 263, 272, 274 and 288 TFEU) (see paragraphs 34, 36)

3.	Action for annulment – Actionable measures – Measures producing binding legal effects – Assessment of those effects by reference to the substance of the measure (Art. 263 TFEU) (see paragraph 35)

Operative part

1.	The action is dismissed as inadmissible.

2.	ICA Traffic GmbH shall pay the costs, including those of the interim proceedings.