CELEX: 62009TO0514
Language: en
Date: 2010-02-05 00:00:00
Title: Order of the General Court (judge hearing the application for interim measures) of 5 February 2010.#De Post NV van publiek recht v European Commission.#Interim measures - Public procurement - Community tendering procedure - Application for suspension of operation and for interim measures - No urgency.#Case T-514/09 R.

Order of the Judge hearing the application for interim measures of 5 February 2010 – De Post v Commission
      (Case T-514/09 R)
      Interim measures – Public procurement – Community tendering procedure – Application for suspension of operation and for interim measures – No urgency
      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 from a tendering procedure (Arts 278 TFEU and 279 TFEU; Rules
         of Procedure of the General Court, Art. 104(2) (see paras 25-35)
      
      Re:
      
         
               APPLICATION for interim measures seeking, in essence, first, an order suspending the operation of the decision by which the
                  Publications Office of the European Union awarded the contract referred to in Invitation to Tender No 10234 ‘Daily transport
                  and delivery of the Official Journal, books, other periodicals and publications’ to Entreprise des postes et télécommunications
                  Luxembourg, second, an order prohibiting the signature of the contract referred to in the Invitation to Tender and, third,
                  if the contract has already been signed, that its performance be suspended until the Court has ruled on the substance of the
                  action.
               
            Operative part 
      
         
                  1.
               
               
                  
               
               
                  	The application for interim measures is dismissed.
               
            
         
                  2.
               
               
                  
               
               
                  	Costs are reserved.