Order of the President of the General Court of 22 March 2023 –
TP v Commission
(Case T‑776/22 R) (1)
(Interim relief – Public procurement – Financial Regulation – Exclusion from procurement procedures funded by the general budget of the European Union and by the EDF for a period of two years – Application for suspension of operation of a measure – Lack of any urgency)
1. Interim relief – 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), 278 and 279 TFEU; Rules of Procedure of the General Court, Art. 156)
(see paragraphs 18-21)
2. Interim relief – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency – Serious and irreparable damage – Burden of proof – Financial loss – Obligation to provide specific and precise information, supported by detailed documentary evidence – Situation liable to endanger the existence of the applicant company – Assessment in the light of its size and turnover and the situation of the group to which it belongs – Purely hypothetical damage based on the occurrence of future and uncertain events – Insufficient to demonstrate urgency
(Arts 278 and 279 TFEU; Rules of Procedure of the General Court, Art. 156(4))
(see paragraphs 24, 30-35, 40-45, 48, 49, 53)
3. Interim relief – Suspension of operation of a measure – Conditions for granting – Urgency – Non-material damage not capable of being better remedied at the interim stage than in the main proceedings – No urgency
(Arts 278 and 279 TFEU)
(see paragraphs 50, 51)
Operative part
1. | | The application for interim measures is dismissed. |
2. | | The costs are reserved. |