Source: EURLEX
Language: en
Format: md

Order of the President of the General Court of 20 July 2018 –  
CdT v EUIPO

(Case T‑417/18 R)

(Interim measures — Law governing the institutions — Translation services required for the functioning of EUIPO — Use of external contractors — Application for interim measures — No 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. 156(4))  (see paras 23, 25, 26) |

| 2. | Application for interim measures—Suspension of operation of a measure—Interim measures—Conditions for granting—Urgency—Serious and irreparable damage—Burden of proof—Financial loss—Loss capable of being subsequently remedied by means of an action for compensation—Damage which cannot be regarded as irreparable  (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 156(4))  (see paras 29, 31) |

| 3. | Application for interim measures—Suspension of operation of a measure—Conditions for granting—Serious and irreparable damage—Causal link between the alleged damage and the contested act  (Art. 278 TFEU)  (see para. 30) |

| 4. | Application for interim measures—Admissibility criteria—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. 156(4) and (5))  (see para. 33) |

| 5. | Application for interim measures—Suspension of operation of a measure—Interim measures—Conditions for granting—Urgency—Serious and irreparable damage—Burden of proof—Damage foreseeable with a reasonable degree of probability  (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 156(3))  (see para. 36) |

Re:

Application on the basis of Articles 278 and 279 TFEU, first, for the suspension of operation of EUIPO’s decisions relating to measures intended to make it possible to use service providers other than the CdT for the translation services required for its functioning and, secondly, for an order requiring EUIPO to publish in the Supplement to the Official Journal of the European Union a notice suspending its call for tenders concerning the provision of translation services and not to sign contracts relating to that call for tenders.

Operative part

| 1. | The application for interim measures is dismissed. |

| 2. | The costs are reserved. |

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