We represent a client in a dispute with the European Commission before the General Court of the European Union. The core of the dispute revolves around the Commission’s decision to exclude the client from a procurement procedure, deeming their bid unacceptable. According to the Commission, the client’s proposal did not meet the minimum requirements. The potential contract value is EUR 8 200 000.

In procurement disputes, the interim relief application must be submitted within the waiting period

We represent the client in annulment proceedings and interim relief proceedings. In procurement disputes, it is customary that contracts are not concluded for a certain period (a reasonable waiting period) to consider the interests unsuccessful bidders. Filing an annulment action does not automatically suspend the validity of the contested act. Therefore, seeking interim relief is crucial, allowing the court to temporarily halt the application of the disputed legal act during the proceedings.

In procurement cases, it has been found in judicial practice that meeting the conditions for applying interim relief is somewhat simplified when the application is submitted within the waiting period (i.e., within 10 days). The client received the decision on February 13, 2024, and we submitted the action for annulment and the application for interim relief on February 22, 2024.

The dispute continues

The court granted interim relief the next day without seeking an opinion from the Commission. However, the court may later revoke interim relief, taking the Commission’s viewpoint into account.

The General Court satisfies approximately 10% of all interim relief application (according to 2022 statistics, a total of 37 applications were submitted, of which 4 were granted).

Our services and client team

Our partner Carri Ginter represents the client at the General Court of the European Union with the support of senior associate Kadri Härginen and associates Mario Sõrm, Elina Mizerova, and Steven Andrekson. We provide assistance to clients in various international courts.