Order;Summary — ECLI:EU:C:2025:256
Date: 2025-04-09
Language of the case: French
Court formation: Vice-President
Subject matter: Public procurement in the European Union
Procedure: Action for annulment;Appeal - unfounded;Application for interim measures

Case C‑878/24 P(R) Alhares for Security Services and Occupational Safety v European Union Border Assistance Mission in Libya (EUBAM Libya) Order of the Vice-President of the Court of 9 April 2025 ( Appeal – Interim relief – Public service contracts – Tendering procedure – Negotiated procedure without prior publication of a contract notice – Application for interim measures – Urgency – Criteria for assessment – Concept of serious harm ) 1. Interim relief – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency – Serious and irreparable damage – Burden of proof – Damage foreseeable with a reasonable degree of probability (Arts 278 and 279 TFEU) (see paragraph 23) 2. Interim relief – Suspension of operation of a measure – Conditions for granting – Urgency – Assessment in public procurement litigation – Pre-contractual phase – General principle of the right to an effective remedy – Proof of serious harm – Sufficient in the case of a particularly serious prima facie case constituted by an obvious and serious illegality – Proof of a risk of irreparable harm – None (Arts 278 and 279 TFEU; Charter of Fundamental Rights of the European Union, Art. 47) (see paragraphs 24, 25, 27) 3. Interim relief – Suspension of operation of a measure – Interim measures – Conditions for granting – Serious and irreparable damage – Financial damage – Serious nature of the damage – Assessment solely in the light of the size of the undertaking concerned – Not permissible (Arts 278 and 279 TFEU; Rules of Procedure of the General Court, Art. 156(4)) (see paragraph 30) 4. Interim relief – Suspension of operation of a measure – Interim measures – Conditions for granting – Serious and irreparable damage – Weighing up of all the interests involved – Taking into account only the interests of the applicant as a private individual – Included (Arts 278 and 279 TFEU) (see paragraph 34) See the text of the decision.