Order of the President of the General Court of 14 July 2023 – VC v EU-OSHA

(Case T-126/23 R)

(Interim relief – Public supply contracts – Exclusion from procurement procedures and from the award of grants financed by the general budget of the European Union and by the EDF for a period of two years – Publication of information relating to that exclusion – Application for suspension of operation of a measure – Urgency – Prima facie case – Weighing up of interests)

Language of the case: Spanish

Parties

Applicant: VC (represented by: J. Rodríguez Cárcamo and S. Centeno Huerta, lawyers)

Defendant: European Agency for Safety and Health at Work

Re:

By its application under Articles 278 and 279 TFEU, the applicant seeks suspension of the operation of Decision 2023/01 of the European Agency for Safety and Health at Work (EU-OSHA) of 13 January 2023 on the exclusion of the applicant from participation in procedures for public procurement, grants, prizes, awards and financial instruments covered by the general budget of the European Union and from participation in award procedures covered by the European Development Fund (EDF) on the basis of Council Regulation (EU) 2018/1877

Operative part of the order

1.    The operation of Decision 2023/01 of the European Agency for Safety and Health at Work (EU-OSHA) of 13 January 2023 on the exclusion of VC from participation in procedures for public procurement, grants, prizes, awards and financial instruments covered by the general budget of the European Union and from participation in award procedures covered by the European Development Fund on the basis of Council Regulation (EU) 2018/1877 is suspended in so far as that decision provides for, in Article 4 thereto, the publication of certain information relating to the exclusion of VC’s participation in those procedures.

2.    The application is dismissed as to the remainder.

3.    The order of 13 March 2023, VC v EU-OSHA (T-126/23 R) is cancelled.

4.    The costs are reserved.

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