CELEX: 62010TO0415
Language: en
Date: 2010-10-15 00:00:00
Title: Order of the President of the General Court of 15 October 2010.#Nexans France v European Joint Undertaking for ITER and the Development of Fusion Energy.#Application for interim measures – Tendering procedure – Rejection of a tender – Application for suspension of operation of a measure – No urgency.#Case T-415/10 R.

Order of the President of the General Court of 15 October 2010 – Nexans France v Entreprise commune Fusion for Energy
      (Case T-415/10 R)
      Application for interim measures – Tendering procedure – Rejection of a tender – Application for suspension of operation of a measure – 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 – Balancing of all the interests involved – Order
            of examination and method of verification – Discretion of the Court hearing 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 18-21)
      2.                     Applications 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 – Damage capable of full remedy in the action in the main proceedings or in an action for compensation
            – Not irreparable (Arts 278 TFEU, 279 TFEU and 340 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras
            31-33, 36)
      3.                     Applications 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 – 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 37-41)
      Re: 
      
         
               APPLICATION for suspension of operation of decisions taken by the defendant, in a tendering procedure, to reject the applicant’s
                  bid and to award the contract for supply of TF and PF conductors to another tenderer.
               
            Operative part
      
         
                  1.
               
               
                  
               
               
                  	The application for interim measures is dismissed.
               
            
         
                  2.
               
               
                  
               
               
                  	Costs are reserved.