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Case T-87/11: Judgment of the General Court of 10 April 2013 — GRP Security v Court of Auditors (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)
ECLI:EU:UNKNOWN:62011TA0087
62011TA0087
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Valentina R., lawyer
25.5.2013
Official Journal of the European Union
C 147/16
(Case T-87/11)(1)
(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)
2013/C 147/28
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:
1.Dismisses the action;
2.Orders GRP Security to pay the costs, including those relating to the applications for interim measures.
(1) OJ C 120, 16.4.2011.
* * *
Language of the case: French