Luxembourg, 09/02/2005 (Agence Europe) - By interim order, the President of the EU Court of First Instance Bo Vesterdorf has rejected the request from the Dutch company Capgemini to provisionally suspend the contract between the European Commission and a group of companies led by Steria-France and HP-Belgium - worth 40 million euros - to set up two so-called second generation information systems: the Schengen Information System, SIS II, and the Visa Information System, VIS.
The contract will therefore be valid once again, at least until the decision on the basis of the case, which is due to be given by the Court of First Instance in the coming weeks or months, Capgemini having requested an obtained an interim examination under the 'accelerated procedure'. The case has been an eventful one. The hearing of the parties concerned on the basis of the case, which was due to take place on 2 February, was postponed to 18 February. It is also worth noting that President Vesterdorf was involved from 18 November and suspended the contract despite the European Commission's objections, by virtue of a procedure which is used relatively infrequently.
In his interim order, President Vesterdorf acknowledged that the Commission's interpretation of the financial instructions concerning calls for tender does not necessarily guarantee that the most advantageous tender is chosen. This issue is due to be debated by the Court in its judgment on the basis of the case. That said, according to Mr Vesterdorf, one of the necessary criteria is lacking in order to obtain provisional measures (the suspension of the contract, in this case): Capgemini has not proved that in being rejected, they have suffered serious and irreparable damage which could not be compensated by the financial reparation procedures which would come into play if Capgemini win their case and obtain the outright cancellation of the contract in a few months time.