Order of the President of the General Court of 14 November 2012 — Intrasoft International v Commission

(Case T-403/12 R)

‛Interim measures — Public contracts — Procurement procedure — Rejection of a bid — Application for a stay of execution — Lack of urgency’

1. Application for interim measures — 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) TFEU, 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 4-7)

2. Application for interim measures — Suspension of operation of a measure — Interim measures — Conditions for granting — Serious and irreparable damage — Financial loss — Situation capable of irreparably changing the market position of the applicant company — Burden of proof (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104,(2) (see paras 10-13)

3. 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 14, 15)

4. Application for interim measures — Suspension of operation of a measure — 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. 18)

Re:

APPLICATION for a stay of execution, first, of the decision of the Delegation of the European Union to the Republic of Serbia of 10 August 2012 rejecting the tender submitted by the applicant in the tendering procedure EuropeAid/131367/C/SER/RS concerning technical assistance to the customs administration of Serbia to support the modernisation of the customs system (OJ 2011/S 160-262712), and, secondly, of the decision of the Delegation of the European Union to the Republic of Serbia of 12 September 2012 informing the applicant that the evaluation committee had recommended that the contract be awarded 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 14 November 2012 — Intrasoft International v Commission

(Case T-403/12 R)

‛Interim measures — Public contracts — Procurement procedure — Rejection of a bid — Application for a stay of execution — Lack of urgency’

1. Application for interim measures — 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) TFEU, 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 4-7)

2. Application for interim measures — Suspension of operation of a measure — Interim measures — Conditions for granting — Serious and irreparable damage — Financial loss — Situation capable of irreparably changing the market position of the applicant company — Burden of proof (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104,(2) (see paras 10-13)

3. 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 14, 15)

4. Application for interim measures — Suspension of operation of a measure — 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. 18)

Re:

APPLICATION for a stay of execution, first, of the decision of the Delegation of the European Union to the Republic of Serbia of 10 August 2012 rejecting the tender submitted by the applicant in the tendering procedure EuropeAid/131367/C/SER/RS concerning technical assistance to the customs administration of Serbia to support the modernisation of the customs system (OJ 2011/S 160-262712), and, secondly, of the decision of the Delegation of the European Union to the Republic of Serbia of 12 September 2012 informing the applicant that the evaluation committee had recommended that the contract be awarded to another tenderer.

Operative part

1. The application for interim measures is dismissed.