**Order of the President of the Court of First Instance of 23 January 2009 – Unity OSG FZE v Council and EUPOL Afghanistan**

**(Case T-511/08 R)**

Application for interim measures – Public procurement – Rejection of a tender – Application for suspension of operation of a measure – Loss of opportunity – No urgency

1.                     *Application for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Prima
facie case – Urgency – Cumulative nature – Order of examination and method of verification – Discretion of the judge dealing
with the application for interim relief (Arts 225 EC, 242 EC and 243 EC; Rules of Procedure of the Court of First Instance,
Art. 104(2)) (see paras 11-12)*

2.                     *Application for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency
– Serious and irreparable damage – Burden of proof (Arts 242 EC and 243 EC; Rules of Procedure of the Court of First Instance,
Art. 104(2)) (see paras 22-23)*

3.                     *Application for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency
– Serious and irreparable damage (Arts 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2))
(see paras 27-28)*

4.                     *Application for interim measures – Conditions of admissibility – Application – Formal requirements – Statement of the pleas
in law establishing a prima facie case for granting the measures sought (Arts 242 EC and 243 EC; Rules of Procedure of the
Court of First Instance, Art. 104(2) and (3)) (see para. 29)*

5.                     *Application for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Serious
and irreparable damage – Financial loss (Arts 242 EC, 243 EC and 288 EC; Rules of Procedure of the Court of First Instance,
Art. 104(2)) (see paras 31, 33-34)*

6.                     *Application for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Serious
and irreparable damage – Financial loss (Arts 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2))
(see paras 35-37)*

7.                     *Application for interim measures – Suspension of operation of a measure – Conditions for granting – Urgency – Serious and
irreparable damage – Burden of proof (Art. 242 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see para.
38)*

8.                     *Application for interim measures – Suspension of operation of a measure – Conditions for granting – Serious and irreparable
damage (Art. 242 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see para. 39)*

**Re:**

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| --- | --- |
| | APPLICATION for suspension of the operation of the decision, taken by EUPOL Afghanistan in the context of a call for tenders, to reject the applicant’s tender and to award the contract for the provision of guarding and close protection services in Afghanistan to another tenderer. |

**Operative part**

The Court:

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| --- | --- | --- |
| 1. | | Dismisses the application for interim measures; |

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| --- | --- | --- |
| 2. | | Reserves the costs. |