Order of the President of the General Court of 8 December 2014 —
STC v Commission
(Case T‑355/14 R)
Interim measures — Public services contracts — Tendering procedure — Construction and maintenance of a tri-generation plant — Rejection of tender submitted by a tenderer — Application for interim measures — Prima facie case not made out
1. 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 — 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. 104(2)) (see paras 12-15)
2. Application for interim measures — Suspension of operation of a measure — Interim measures — Conditions for granting — Prima facie case — Prima facie examination of the pleas in law put forward in support of the main action — Action against a Commission decision to reject a tender for a public contract — Rejection based on non-conformity of the tender with the contract documents — Infringement of the principle of equal treatment, the obligation of transparency and Regulations No 966/2012 and No 1268/2012 — Prima facie absence (Arts 256(1) TFEU, 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2); European Parliament and Council Regulation No 966/2012; Commission Regulation No 1268/2012) (see paras 17-32)
Re:
| In essence (i) an application to suspend the operation of the Commission’s decision of 3 April 2014 in which the Commission rejected the tender submitted by STC in tendering procedure JRC IPR 2013 C04 0031 OC for the construction and maintenance of a tri-generation plant with a gas turbine on the Ispra (Italy) site of its Joint Research Centre (JRC) (OJ 2013/S 137-237146), the decision in which the Commission awarded the contract to CPL Concordia and consequently all other subsequent decisions; and (ii) an application to suspend the operation of the Commission’s decision to refuse the request for access to the documents and an interim measure to allow the full exercise of the right of access to the tender documents. |
Operative part
1. | | The application for interim measures is dismissed. |