Order of the President of the General Court of 25 January 2012 — Euris Consult v Parliament

(Case T-637/11 R)

‛Application for interim measures — Public services contract — Tendering procedure — Services of translation into Maltese — Rejection of a tender — Arrangements for communication — Application for suspension of operation of a measure — Loss of opportunity — No serious and irreparable damage — No urgency’

1. Applications 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 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 10, 11)

2. Applications for interim measures — Suspension of operation of a measure — Interim measures — Conditions for granting — Serious and irreparable damage — Burden of proof — Financial loss — Financial viability (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 15-17)

3. Applications 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 of actual situation (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 20, 21)

4. Applications for interim measures — Suspension of operation of a measure — Interim measures — Conditions for granting — Serious and irreparable damage — Financial loss — Loss of opportunity through exclusion from a tendering procedure — Damage capable of full remedy in the context of an action for compensation (Arts 268 TFEU, 278 TFEU, 279 TFEU and 340 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 24, 25)

5. Applications for interim measures — Suspension of operation of a measure — Conditions for granting — Urgency — Serious and irreparable damage — Burden of proof — Serious and irreparable damage for the applicant — Applicant’s own interests affected — Interests of employees of the applicant company affected — Not included (Art. 278 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see para. 26)

Re:

APPLICATION for suspension of operation of the decision of the European Parliament of 18 October 2011 in the tendering procedure (MT/2011/EU) for the provision of translation services into Maltese (OJ S 56 090372) and rejecting the tender submitted by the applicant.

Operative part

1. The application for interim measures is dismissed.

2. Costs are reserved.

Order of the President of the General Court of 25 January 2012 — Euris Consult v Parliament

(Case T-637/11 R)

‛Application for interim measures — Public services contract — Tendering procedure — Services of translation into Maltese — Rejection of a tender — Arrangements for communication — Application for suspension of operation of a measure — Loss of opportunity — No serious and irreparable damage — No urgency’

1. Applications 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 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 10, 11)

2. Applications for interim measures — Suspension of operation of a measure — Interim measures — Conditions for granting — Serious and irreparable damage — Burden of proof — Financial loss — Financial viability (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 15-17)

3. Applications 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 of actual situation (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 20, 21)

4. Applications for interim measures — Suspension of operation of a measure — Interim measures — Conditions for granting — Serious and irreparable damage — Financial loss — Loss of opportunity through exclusion from a tendering procedure — Damage capable of full remedy in the context of an action for compensation (Arts 268 TFEU, 278 TFEU, 279 TFEU and 340 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 24, 25)

5. Applications for interim measures — Suspension of operation of a measure — Conditions for granting — Urgency — Serious and irreparable damage — Burden of proof — Serious and irreparable damage for the applicant — Applicant’s own interests affected — Interests of employees of the applicant company affected — Not included (Art. 278 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see para. 26)

Re:

APPLICATION for suspension of operation of the decision of the European Parliament of 18 October 2011 in the tendering procedure (MT/2011/EU) for the provision of translation services into Maltese (OJ S 56 090372) and rejecting the tender submitted by the applicant.

Operative part

1. The application for interim measures is dismissed.