The President of the General Court dismisses the application to suspend the operation of the decisions of the European Space Agency

(Source: Court of Justice of the European Union)

The President of the General Court dismisses the application to suspend the operation of the decisions of the European Space Agency, acting in the name and on behalf of the European Commission, providing for the exclusion ofthe German company OHB System from the public contract for the ‘Procurement of Galileo transition satellites’

The weighing up of the interests at stake leans towards not granting the suspension sought

On 29 January2021, the German satellite company OHB System AG (‘OHB’) brought an action before the General Court of the European Union for annulment of two decisions of the European Space Agency (ESA). By those decisions, the ESA, acting in the name and on behalf of the Commission, following a public procurement procedure, rejected OHB’s tender offer and awarded two contracts for the ‘Procurement of Galileo transition satellites’ to Thales Alenia Space Italia S.p.A. (Italy–‘Thales Alenia’) and Airbus Defence & Space GmbH (Germany–‘Airbus’). Along with its action, OHB also lodged with the General Court an application for interim relief, seeking to secure, as an interim measure, the suspension of the ESA’s decisions providing, in essence, for its exclusion from the contract at issue.

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