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Urgency test for interim relief not met in challenge to pandemic negotiated procedure procurement without prior publication (Inivos Ltd and Inivos BV v European Commission)

Urgency test for interim relief not met in challenge to pandemic negotiated procedure procurement without prior publication (Inivos Ltd and Inivos BV v European Commission)
Published on: 10 June 2021
Published by: LexisPSL
  • Urgency test for interim relief not met in challenge to pandemic negotiated procedure procurement without prior publication (Inivos Ltd and Inivos BV v European Commission)
  • What are the practical implications of this case?
  • What was the background?
  • What did the court decide?
  • Case details

Article summary

Public Law analysis: In an application for interim relief to suspend the operation of contested framework agreements, Inivos claimed that the urgency test for interim relief was met and should be granted on the basis that the European Commission had incorrectly used the negotiated procedure without prior publication for reasons of extreme urgency which amounted to manifest unlawfulness. The court dismissed the application, concluding that it had failed to meet the urgency test. The case did not reveal that the alleged unlawfulness was manifest as the conditions for use of the negotiated procedure without prior publication as set out in paragraph 11.1(c) of Annex 1 to Regulation (EU, Euratom) 2018/1046 had been met. The order decision only relates to the application for interim relief and does not deal with the issues in the main proceedings, but it provides a useful insight into the court’s application of the negotiated procedure without prior publication on the grounds of urgency to procurements in the context of the coronavirus (COVID-19) pandemic.Written by Stuart Brown, associate at Trowers & Hamlins. or take a trial to read the full analysis.

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