CELEX: 62008TO0195
Language: en
Date: 2008-07-15 00:00:00
Title: Order of the Court of First Instance (Fifth Chamber) of 15 July 2008.#Antwerpse Bouwwerken NV v Commission of the European Communities.#Application for interim measures - Public procurement - Community tendering procedure - Rejection of tender - Application for suspension of operation and interim measures - Admissibility - Interest in bringing proceedings - Loss of opportunity - No serious and irreparable damage - No urgency.#Case T-195/08 R.

Order of the President of the Court of First Instance of 15 July 2008 – Antwerpse Bouwwerken v Commission
      (Case T-195/08 R)
      Application for interim measures – Public procurement – Community tendering procedure – Rejection of tender – Application for suspension of operation and interim measures – Admissibility – Interest in bringing proceedings – Loss of opportunity – No serious and irreparable damage – No urgency
      1.                     Application for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Prima
            facie case – Urgency – 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 242 EC and 243 EC; Rules of Procedure of the Court
            of First Instance, Art. 104(2)) (see paras 18-19)
      2.                     Application for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency
            – Serious and irreparable damage – Burden of proof (Arts 242 EC and 243 EC; Rules of Procedure of the Court of First Instance,
            Art. 104(2)) (see paras 38-39)
      3.                     Application for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Serious
            and irreparable damage – Financial loss (Arts 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2))
            (see paras 43-44)
      4.                     Application for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency
            (Arts 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 47-48)
      5.                     Application for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Serious
            and irreparable damage – Financial loss – Loss capable of being remedied by the granting of compensation in the main action
            (Arts 242 EC, 243 EC and 288 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 49-51)
      6.                     Application for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Serious
            and irreparable damage – Financial loss – Situation which could jeopardise the existence of the applicant company or irremediably
            alter its position in the market – Inclusion – Conditions (Arts 242 EC and 243 EC ; Rules of Procedure of the Court of First
            Instance, Art. 104(2)) (see paras 52-54)
      7.                     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 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2))
            (see paras 56-57)
      Re: 
      
         
               APPLICATION for interim measures in the context of the tendering procedure launched by the Commission for the construction
                  of a building.
               
            Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the application for interim measures;
               
            
         
                  2.
               
               
                  
               
               
                  	Reserves the costs.