CELEX: 62011TO0637
Language: en
Date: 2012-01-25 00:00:00
Title: Order of the President of the General Court of 25 January 2012.#Euris Consult Ltd v European Parliament.#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.#Case T-637/11 R.

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.