CELEX: 62010TO0299
Language: en
Date: 2010-08-31 00:00:00
Title: Order of the President of the General Court of 31 August 2010.#Babcock Noell GmbH v European Joint Undertaking for ITER and the Development of Fusion Energy.#Application for interim measures – Public contracts – Tendering procedure – Rejection of a tender – Application for suspension of operation of a measure – Prima facie case – Urgency – Balance of interests.#Case T-299/10 R.

Order of the President of the General Court of 31 August 2010 – Babcock Noell v Entreprise commune Fusion for Energy
      (Case T-299/10 R)
      Application for interim measures – Public contracts – Tendering procedure – Rejection of a tender – Application for suspension of operation of a measure – Prima facie case – Urgency – Balance of interests
      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 – Balancing of all the interests involved – Order
            of examination and method of verification – 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 11-13)
      2.                     Application for interim measures – Conditions for admissibility – Application – Formal requirements – Statement of the pleas
            in law establishing a prima facie case for granting the measures sought – Pleas in law not set out in the application – General
            reference to other documents – Inadmissibility (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Arts
            44(1)(c) and 104(3)) (see paras 16-20, 30)
      3.                     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 para. 33)
      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 an opportunity to be awarded and to perform the contract in the
            tendering procedure – Loss capable of full remedy in the context of the action in the main proceedings or an action for compensation
            – Not irreparable (Arts 268 TFEU, 278 TFEU, 279 TFEU and 340 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see
            paras 48-51)
      5.                     Application for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency
            – Serious and irreparable damage – Burden of proof – Financial loss – Assessment having regard to the size of the undertaking
            and the situation of the group to which it belongs – Jurisdiction 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 14, 52-55, 57)
      6.                     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 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see
            para. 59)
      7.                     Application for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Balancing
            of all the interests involved – Damage to the applicant’s reputation – General interest of the European Union taking priority
            over the purely public relations interest of the applicant (Arts 278 TFEU and 279 TFEU) (see paras 63-68)
      Re:
      
         
               APPLICATION for suspension of operation of decisions taken by the defendant, in the context of a tendering procedure, to reject
                  the applicant’s tenders and to award to another tenderer Lot D of the contract for the supply of ITER toroidal field coils
                  winding packs.
               
            Operative part 
      
         
                  1.
               
               
                  
               
               
                  	The application for interim measures is dismissed.
               
            
         
                  2.
               
               
                  
               
               
                  	Costs are reserved.