Recent Case Law of the GJEU on Interim Measures and Award of Damages in EU Public Procurement Law

Abstract

This article addresses two important developments in the case law on judicial protection, namely the easing of the conditions for the award of interim measures and the first award of damages for loss of opportunity to losing tenderers in public procurement procedures organised by institutions and agencies of the European Union. In its order in the Vanbreda Case, the General Court ordered interim measures, concluding that there is no requirement to prove that in case no interim measures are ordered by the General Court the applicant would suffer irreparable harm, in order to preserve the principle of effective judicial protection. In its judgments in European Dynamics/OHIM and Vanbreda the General Court awarded damages to aggrieved tenderers for loss of opportunity, for the very first time in public procurement cases.