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Case T-54/21 R: Order of the President of the General Court of 26 May 2021 — OHB System v Commission (Interim relief — Public works contracts, public supply contracts and public service contracts — Procurement of Galileo transition satellites — Rejection of a tender — Application for interim measures — Prima facie case — Urgency — Balancing of competing interests)
ECLI:EU:UNKNOWN:62021TB0054
62021TB0054
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Valentina R., lawyer
12.7.2021
Official Journal of the European Union
C 278/47
(Case T-54/21 R)
(Interim relief - Public works contracts, public supply contracts and public service contracts - Procurement of Galileo transition satellites - Rejection of a tender - Application for interim measures - Prima facie case - Urgency - Balancing of competing interests)
(2021/C 278/67)
Language of the case: German
Parties
Applicant: OHB System AG (Bremen, Germany) (represented by: W. Würfel and F. Hausmann, lawyers)
Defendant: European Commission (represented by: G. Wilms, J. Estrada de Solà, L. Mantl and L. André, acting as Agents)
Re:
Application pursuant to Article 278 TFEU for, first, suspension of the operation of the decisions of the European Space Agency (ESA) of 19 and 22 January 2021, acting in the name and on behalf of the Commission, to reject the applicant’s tender for public contract 2018/S 091-206089 and to award that public contract to two other tenderers, and, second, for the Commission to be ordered to provide access to the tender documentation.
Operative part of the order
1.The application for interim relief is dismissed.
2.The orders of 31 January 2021, OHB System v Commission (T-54/21 R), and of 26 February 2021, OHB System v Commission (T-54/21 R), are set aside.
3.The costs are reserved, with the exception of those incurred by Airbus Defence and Space GmbH. It shall bear the costs in relation to its application to intervene.