Order — ECLI:EU:T:2008:128
Date: 2008-04-25
Language of the case: English
Court formation: President of the Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Financial provisions;Public procurement in the European Union
Concepts: Application for interim measures: suspension of operation of the contested measure and other interim measures;Provisional measures
Procedure: Action for annulment;Application for interim measures
Origin: Greece

Order of the President of the Court of First Instance of 25 April 2008 – Vakakis v Commission (Case T-41/08 R) Community tendering procedure – Interim proceedings – Loss of an opportunity – Locus standi – Admissibility of the main application – Urgency – Measures of inquiry 1. Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Prima facie case – Urgency – Cumulative nature – Balancing of all the interests involved (Arts 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 23-25) 2. Applications for interim measures – Conditions of admissibility – Prima facie admissibility of the main action (Arts 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(1)) (see para. 34) 3. Applications for interim measures – Conditions of admissibility – Application – Formal requirements (Arts 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2) and (3) (see paras 42-44) 4. Applications 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 52-53, 65-66) Re: APPLICATION for an order granting interim measures in the context of the service tender procedure EuropeAid/125241/C/SER/CY for the supply of ‘Technical Assistance to Support Rural Development Policy’ in the Northern Part of Cyprus. Operative part The Court: 1. Dismisses the application for interim measures; 2. Dismisses the application for measures of inquiry or organisation of procedure; 3. Decides that there is no need for a decision on the application for leave to intervene; 4. Reserves the costs, except that Agriconsulting shall bear the costs incurred by it in connection with the submission of its application for leave to intervene.