Judgment of the General Court of 10 April 2013 - GRP Security v Court of Auditors

(Case T-87/11) 

(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)

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:

Dismisses the action;

Orders GRP Security to pay the costs, including those relating to the applications for interim measures.

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¹ - OJ C 120, 16.4.2011.