Order of the President of the General Court of 4 September 2012 — Elitaliana v Eulex Kosovo

(Case T-213/12 R)

‛Interim measures — Public contracts — Tendering procedure — Rejection of a tender — Application for interim measures — Disregard of the procedural requirements — Inadmissibility’

1. Application for interim measures — Suspension of operation of a measure — Interim measures — Conditions for granting — Urgency — Serious and irreparable damage — Loss of opportunity through exclusion from a tendering procedure — Loss not in itself constituting serious damage — Assessment — Consideration of the size of the undertaking — Burden of proof (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 8, 12)

2. Application for interim measures — Conditions for admissibility — Application — Formal requirements — Pleas establishing a prima facie case for the measures applied for (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see para. 9)

3. Application for interim measures — Suspension of operation of a measure — Interim measures — Conditions for granting — Serious and irreparable damage — Irreparable character of the damage — Assessment solely on the basis of uncertainty as to compensation for pecuniary damage in an action for damages — Inadmissibility (Arts 268 TFEU, 278 TFEU, 279 TFEU and 340 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see para. 13)

4. Application for interim measures — Suspension of operation of a measure — Interim measures — Conditions for granting — Serious and irreparable damage — Decision to exclude a tenderer from a tender procedure — Damage to its reputation — Damage which cannot be regarded as irreparable (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see para. 14)

5. Application for interim measures — Conditions for admissibility — Application — Formal requirements — Detailed statement of the subject-matter of the application (Rules of Procedure of the General Court, Arts 44(1)(d) and 104(3)) (see para. 15)

Re:

ACTION brought, in essence, to suspend the execution of the Eulex Kosovo decision rejecting the tender that the applicant had submitted in the public contract award procedure ‘EuropeAid/131516/D/SER/XK — Helicopter Support to the EULEX Mission in Kosovo (PROC/272/11)’ and awarding that contract to another tenderer.

Operative part

1. The application for interim measures is dismissed.

2. Costs are reserved.

Order of the President of the General Court of 4 September 2012 — Elitaliana v Eulex Kosovo

(Case T-213/12 R)

‛Interim measures — Public contracts — Tendering procedure — Rejection of a tender — Application for interim measures — Disregard of the procedural requirements — Inadmissibility’

1. Application for interim measures — Suspension of operation of a measure — Interim measures — Conditions for granting — Urgency — Serious and irreparable damage — Loss of opportunity through exclusion from a tendering procedure — Loss not in itself constituting serious damage — Assessment — Consideration of the size of the undertaking — Burden of proof (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 8, 12)

2. Application for interim measures — Conditions for admissibility — Application — Formal requirements — Pleas establishing a prima facie case for the measures applied for (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see para. 9)

3. Application for interim measures — Suspension of operation of a measure — Interim measures — Conditions for granting — Serious and irreparable damage — Irreparable character of the damage — Assessment solely on the basis of uncertainty as to compensation for pecuniary damage in an action for damages — Inadmissibility (Arts 268 TFEU, 278 TFEU, 279 TFEU and 340 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see para. 13)

4. Application for interim measures — Suspension of operation of a measure — Interim measures — Conditions for granting — Serious and irreparable damage — Decision to exclude a tenderer from a tender procedure — Damage to its reputation — Damage which cannot be regarded as irreparable (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see para. 14)

5. Application for interim measures — Conditions for admissibility — Application — Formal requirements — Detailed statement of the subject-matter of the application (Rules of Procedure of the General Court, Arts 44(1)(d) and 104(3)) (see para. 15)

Re:

ACTION brought, in essence, to suspend the execution of the Eulex Kosovo decision rejecting the tender that the applicant had submitted in the public contract award procedure ‘EuropeAid/131516/D/SER/XK — Helicopter Support to the EULEX Mission in Kosovo (PROC/272/11)’ and awarding that contract to another tenderer.

Operative part

1. The application for interim measures is dismissed.