CELEX: 62010TO0591
Language: en
Date: 2011-03-09 00:00:00
Title: Order of the President of the General Court of 9 March 2011. # Castiglioni Srl v European Commission. # Interim proceedings - Public contracts - Public procurement procedure - Rejection of a bid - Application for stay of execution - Failure to have regard to the formal requirements - Inadmissibility. # Case T-591/10 R.

Order of the President of the General Court of 9 March 2011 – Castiglioni v Commission
      (Case T-591/10 R)
      Interim proceedings – Public contracts – Public procurement procedure – Rejection of a bid – Application for stay of execution – Failure to have regard to the formal requirements – Inadmissibility
      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 11-12)
      2.                     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 from a tendering procedure
            – Loss not in itself constituting serious damage – Assessment – Size of the undertaking taken into account – Burden of proof
            (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 14, 17)
      3.                     Application for interim measures – Formal requirements – Submission of applications – Brief summary of the pleas in law on
            which the application is based – Factual and legal grounds not set out in the application and pleadings – Inadmissibility
            (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2) and (3)) (see para. 18)
      4.                     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 – Lodging of an additional pleading to remedy deficiencies
            – Incompatibility with the interim measures procedure (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court,
            Arts 104(2) and (3) and 109) (see para. 20)
      Re:
      
         
               APPLICATION for interim measures made in the tendering procedure concerning a multiple framework agreement for works to construct,
                  restructure and maintain buildings and infrastructure at the European Commission Joint Research Centre’s Ispra (Italy) site.
               
            Operative part
      
         
                  1.
               
               
                  
               
               
                  	The application for interim measures is dismissed.
               
            
         
                  2.
               
               
                  
               
               
                  	Costs are reserved.