Order — ECLI:EU:T:2009:16
Date: 2009-01-23
Language of the case: English
Court formation: President of the Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: 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

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: 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: 1. Dismisses the application for interim measures; 2. Reserves the costs.