CELEX: 62009TO0443
Language: en
Date: 2010-01-20 00:00:00
Title: Order of the President of the General Court of 20 January 2010.#Agriconsulting Europe SA v European Commission.#Application for interim measures - Public procurement - Tendering procedure - Rejection of a tender - Application for suspension of operation and for interim measures - Loss of opportunity - Absence of serious and irreparable damage - No urgency.#Case T-443/09 R.

Order of the President of the General Court of 20 January 2010 – Agriconsulting Europe v Commission 
      (Case T-443/09 R)
      Application for interim measures – Public procurement – Tendering procedure – Rejection of a tender – Application for suspension of operation and for interim measures – Loss of opportunity – Absence of 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 – Weighing-up of the interests – Discretion of the
            judge dealing with the application for interim relief (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court,
            Art. 104(2)) (see paras 14-16)
      2.                     Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency
            – Serious and irreparable damage – Burden of proof (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art.
            104(2)) (see paras 25-26)
      3.                     European Communities’ public procurement – Conclusion of a contract following a call for tenders – Discretion of the institutions
            – Judicial review – Limits (see para. 28)
      4.                     Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency
            – Serious and irreparable damage – Loss of opportunity arising from the exclusion of a tenderer from a tendering procedure
            – Loss not in itself constituting serious damage (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art.
            104(2)) (see para. 29)
      5.                     Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Serious
            and irreparable damage – Financial loss – Loss of opportunity arising from the exclusion of a tenderer from a tendering procedure
            – Assessment – Account taken of the size of the undertaking (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General
            Court, Art. 104(2)) (see para. 30)
      6.                     Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency
            – Serious and irreparable damage – Financial loss – Loss of opportunity arising from the exclusion of a tenderer from a tendering
            procedure – Loss capable of full reparation in the context of the action in the main proceedings or an action for compensation
            – Not irreparable in character (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras
            32-35)
      7.                     Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Serious
            and irreparable damage – Contested measure infringing a superior rule of law – Condition not automatically fulfilled – Burden
            of proof (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see para. 36)
      Re: 
      
         
               APPLICATION for interim relief concerning the tendering procedure EuropeAid/127054/C/SER/Multi relating to short-term services
                  in the exclusive interest of third countries benefiting from European Commission external aid.
               
            Operative part 
      
         
                  1.
               
               
                  
               
               
                  	The application for interim measures is dismissed.
               
            
         
                  2.
               
               
                  
               
               
                  	Costs are reserved.