Order of the President of the General Court of 9 June 2011 – GRP Security v Court of Auditors
(Case T-87/11 R)
Interim measures – Public service contracts – Finding that there were irregularities in certain documents provided by the successful tenderer – Decisions imposing administrative sanctions on the successful tenderer and unilateral termination of the contract – Application for suspension of the operation of a measure – Lack of urgency
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 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 15-17)
2. 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 (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 23-24, 30-31)
3. 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 an additional document to remedy deficiencies – Incompatibility with the interim procedure (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Arts 104(2) and 109) (see paras 26, 28)
4. Application for interim measures – Suspension of operation of a measure – Conditions for granting – Serious and irreparable damage – Financial loss – Damage which may subsequently be made good by compensation or by means of an action for damages – Damage which cannot be regarded as irreparable (Arts 268 TFEU, 278 TFEU, 279 TFEU and 340 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see para. 35)
5. Application for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency – Damage having already occurred – Damage of a purely hypothetical nature – Not included (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 37-38,40)
Re:
| APPLICATION for suspension, first, of the decision of the Court of Auditors of 14 January 2011 claiming damages from the applicant of EUR 16 000 and reserving the right to claim further amounts by way of damages and, secondly, of its decision the same day imposing on the applicant the administrative penalty of exclusion from contracts and subsidies financed by the budget of the European Union for a provisional period of three months. |
Operative part
| | 1.The application for interim measures is dismissed. |