Case T-195/05 R

Deloitte Business Advisory NV

v

Commission of the European Communities

(Interim measures – Community tendering procedure – Loss of an opportunity – Urgency – Balance of interests)

Summary of the Order

1.      Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Serious and irreparable damage – Decision to exclude a tenderer from a tender procedure – Damage to its reputation – Non-financial damage which cannot be regarded as irreparable

(Art. 242 EC; Rules of Procedure of the Court of First Instance, Art. 104(2))

2.      Applications 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 242 EC and 288 EC; Rules of Procedure of the Court of First Instance, Art. 104(2))

3.      Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Serious and irreparable damage – Financial loss – Assessment – Consideration of the size of the undertaking

(Arts 242 EC and 288 EC; Rules of Procedure of the Court of First Instance, Art. 104(2))