Information;Order — ECLI:EU:T:2020:108
Date: 2020-03-13
Language of the case: English
Court formation: President of the Chamber
Subject matter: Public procurement in the European Union
Procedure: Action for annulment;Application for interim measures - unfounded;Action for damages
Origin: Greece

Order of the President of the General Court of 13 March 2020 – Intertranslations (Intertransleïsions) Metafraseis v Parliament (Case T‑20/20 R) (Application for interim relief — Public supply contracts — Application for interim measures — No urgency) 1. Interim relief — Suspension of operation of a measure — Interim measures — Conditions for granting — Prima facie case — Urgency — Serious and irreparable damage — Cumulative nature — Balancing of all the interests involved — Order of examination and method of verification — Discretion of the court hearing the application for interim relief (Arts 256(1), 278 and 279 TFEU; Rules of Procedure of the General Court, Art. 156(4)) (see paras 20-23) 2. Interim relief — Suspension of operation of a measure — Interim measures — Conditions for granting — Urgency — Serious and irreparable damage — Burden of proof — Obligation to provide concrete and precise indications, supported by detailed documentary evidence (Arts 278 and 279 TFEU) (see paras 26-27, 40) 3. Interim relief — Suspension of operation of a measure — Conditions for granting — Urgency — Assessment in public procurement litigation — Serious damage — Sufficient in the case of a particularly serious prima facie case constituted by an obvious and serious illegality — Condition — Application for interim measures brought in the standstill period before conclusion of the contract with the successful tenderer (Art. 278 TFEU; Charter of Fundamental Rights of the European Union, Art. 47; European Parliament and Council Regulation 2018/1046, Art. 175) (see paras 29, 30, 32, 33) 4. Interim relief — 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 (Arts 268, 278, 279 and 340 TFEU) (see paras 38, 39, 50, 52) Re: Application pursuant to Articles 278 and 279 TFEU for the grant of interim measures, seeking, first, suspension of the operation of the decisions of the European Parliament of 4 December 2019 to rank the applicant’s tender second in the cascade in lot 5 of the call for tenders for the provision of translation services into English, in connection with the call for tenders TRA/EU19/2019, and to award the first contract resulting from this call for tenders to another tenderer, secondly, suspension of the contract concluded with that other tenderer and, thirdly, an order that the Parliament communicate to the applicant the missing sections of the statement of reasons of the evaluation committee. Operative part 1. The application for interim measures is rejected. 2. The costs are reserved.