Breeze's Request to Suspend Taipei Station Mall Tender Result Rejected by Court

(Central News Agency, reporter Lin Chang-shun, Taipei, July 3) The results of the Taipei Station mall operating rights tender were announced in April, with Shin Kong Mitsukoshi listed as the highest-priority applicant and Breeze as the second-highest. Breeze disagreed and requested the court to suspend the execution of the tender results until related administrative relief procedures are finalized. The Taipei High Administrative Court ruled today to dismiss the request, with an appeal still possible.

The operating rights for the TRA Taipei Station mall are currently held by Breeze, and the contract is set to expire on July 24 of this year. The tender results for the operating rights were announced on April 28, with TRA designating Shin Kong Mitsukoshi as the highest-priority applicant and Breeze Plaza Enterprise Co., Ltd. as the second-highest. Breeze disagreed and requested the Taipei High Administrative Court to suspend the execution of the original disposition until related administrative relief procedures are finalized.

The Taipei High Administrative Court pointed out that Breeze alleged illegalities in TRA's disposition, including leaks of information and failure of review committee members to recuse themselves. However, based on the evidence in the case file, it is objectively not possible to make a determination without substantive review. The court stated that a decision should only be made after a detailed review of both parties' claims in the lawsuit, investigation of facts and relevant evidence, and oral arguments. Based on the existing evidence, the court could not determine that the legality of the original disposition was clearly questionable.

The Taipei High Administrative Court stated that Breeze's operating contract with TRA will expire on July 24 of this year, and its operating rights will naturally cease upon the expiration of the contract. Furthermore, it is not a given that Breeze will continue to operate after the expiration, facts that should have been foreseeable when the operating contract was established. Therefore, the court could not determine that the execution of the original disposition would cause irreparable damage to Breeze.

The Taipei High Administrative Court pointed out that Breeze claimed the original disposition would cause damage to its employees and their families, cooperating counter vendors, general passengers, and the public. However, these are not direct damages or dangers to Breeze's own rights or legal interests, and Breeze cannot use them to request a suspension of the execution of the original disposition.

The Taipei High Administrative Court concluded that Breeze's request does not meet the requirements of the "Administrative Litigation Act" and that the request is without merit, thus ruling to dismiss it. An appeal is possible. (Editor: Yang Sheng-ru) 1150703

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