**Order of the President of the General Court of 20 January 2010 – Agriconsulting Europe v Commission**

**(Case T-443/09 R)**

Application for interim measures – Public procurement – Tendering procedure – Rejection of a tender – Application for suspension of operation and for interim measures – Loss of opportunity – Absence of serious and irreparable damage – No urgency

1.                     *Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Prima
facie case – Urgency – Serious and irreparable damage – Cumulative nature – Weighing-up of the interests – Discretion of the
judge dealing with the application for interim relief (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court,
Art. 104(2)) (see paras 14-16)*

2.                     *Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency
– Serious and irreparable damage – Burden of proof (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art.
104(2)) (see paras 25-26)*

3.                     *European Communities’ public procurement – Conclusion of a contract following a call for tenders – Discretion of the institutions
– Judicial review – Limits (see para. 28)*

4.                     *Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency
– Serious and irreparable damage – Loss of opportunity arising from the exclusion of a tenderer from a tendering procedure
– Loss not in itself constituting serious damage (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art.
104(2)) (see para. 29)*

5.                     *Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Serious
and irreparable damage – Financial loss – Loss of opportunity arising from the exclusion of a tenderer from a tendering procedure
– Assessment – Account taken of the size of the undertaking (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General
Court, Art. 104(2)) (see para. 30)*

6.                     *Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency
– Serious and irreparable damage – Financial loss – Loss of opportunity arising from the exclusion of a tenderer from a tendering
procedure – Loss capable of full reparation in the context of the action in the main proceedings or an action for compensation
– Not irreparable in character (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras
32-35)*

7.                     *Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Serious
and irreparable damage – Contested measure infringing a superior rule of law – Condition not automatically fulfilled – Burden
of proof (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see para. 36)*

**Re:**

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| | APPLICATION for interim relief concerning the tendering procedure EuropeAid/127054/C/SER/Multi relating to short-term services in the exclusive interest of third countries benefiting from European Commission external aid. |

**Operative part**

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| 1. | | The application for interim measures is dismissed. |

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| 2. | | Costs are reserved. |