Information;Order — ECLI:EU:C:2022:598
Date: 2022-07-22
Language of the case: English
Court formation: Vice-President
Subject matter: Freedom to provide services;Public procurement in the European Union
Procedure: Action for annulment;Appeal;Application for interim measures - successful;Application for interim measures
Origin: Spain

Case C‑478/22 P(R) Telefónica de España SA v European Commission Order of the Vice-President of the Court of 22 November 2022 (Appeal – Interim relief – Public procurement – Tendering procedure – Application for suspension of operation of a measure – Urgency – Criteria for assessing the condition relating to urgency – Pre-contractual period – Waiting period) 1. 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 – Condition (Art. 278 TFEU; Charter of Fundamental Rights of the European Union, Art. 47; European Parliament and Council Regulation No 2018/1046, Art. 175(3); Council Directive 89/665, Arts 2(7) and 2a) (see paragraphs 46, 47, 54, 55, 57-59, 63) 2. EU law – Principles – Right to effective judicial protection – Application, by the EU Courts, of a general principle by taking account of the provisions of a directive laying it down – Whether permissible (see paragraph 48) See the text of the decision.