CELEX: 62010TO0006
Language: en
Date: 2010-03-26 00:00:00
Title: Order of the President of the General Court of 26 March 2010.#Sviluppo Globale GEIE v European Commission.#Interim measures - Public contracts -Tendering procedure - Rejection of tender - Application for suspension of operation and interim measures - Loss of opportunity - Lack of serious and irreparable harm - Lack of urgency.#Case T-6/10 R.

Order of the President of the General Court of 26 March 2010 – Sviluppo Globale v Commission
      (Case T-6/10 R)
      Interim measures – Public contracts – Tendering procedure – Rejection of tender – Application for suspension of operation and interim measures – Loss of opportunity – Lack of serious and irreparable harm – Lack of 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 – Order of examination and method of verification
            – Discretion of the judge dealing with the application for interim relief (Arts 256(1) TFEU, 278 TFEU and 279 TFEU; Rules
            of Procedure of the General Court, Art. 104(2)) (see paras 11-14)
      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 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art.
            104(2)) (see paras 22-23)
      3.                     Application 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 (Arts 278 TFEU and 279 TFEU;
            Rules of Procedure of the General Court, Art. 104(2)) (see paras 25-26)
      4.                     Application 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 (Arts 278
            TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see para. 27)
      5.                     Application 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 (Arts 278
            TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 29-32)
      6.                     Application for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency
            – Serious and irreparable damage – Contested measure infringing a superior rule of law (Arts 278 TFEU and 279 TFEU; Rules
            of Procedure of the General Court, Art. 104(2)) (see para. 33)
      Re: 
      
         
               APPLICATION for interim measures concerning call for tenders EuropeAid/127843/D/SER/KOS for the provision of support services
                  to the customs and tax authorities in Kosovo.
               
            Operative part
      
         
                  1.
               
               
                  
               
               
                  	The application for interim measures is dismissed.
               
            
         
                  2.
               
               
                  
               
               
                  	The costs are reserved.