Order of the President of the Court of First Instance of 15 July 2008 – CLL Centres de langues v Commission
(Case T-202/08 R)
Application for interim measures – Public procurement – Community tendering procedure – Rejection of application to participate – Application for suspension of operation and interim measures – No prima facie case – Loss of opportunity – No serious and irreparable damage – No urgency
1. Application for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Prima facie case – Urgency – Cumulative nature (Arts 225 EC, 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 16-18)
2. Application for interim measures – Suspension of operation of a measure – Conditions for granting – Prima facie case – Prima facie examination of the pleas raised in support of the main action – Commission decision to exclude a later candidature from a tendering procedure (Art. 242 EC; Rules of Procedure of the Court of First Instance, Art. 104(2); Commission Regulation No 2342/2002, Arts 140, 143 and 145) (see paras 31-45)
3. Application for interim measures – Suspension of operation of a measure – Conditions for granting – Prima facie case – Prima facie examination of the pleas raised in support of the main action – Commission decision to exclude a later candidature from a tendering procedure (Art. 242 EC; Rules of Procedure of the Court of First Instance, Art. 104(2); Commission Regulation No 2342/2002, Arts 123(1) and (3) and 145) (see paras 47-53)
4. Application for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency – Serious and irreparable damage (Arts 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 67-68, 70-72)
5. Application for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency (Arts 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 73-77)
6. Application for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Serious and irreparable damage – Financial loss (Arts 242 EC, 243 EC and 288 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 78- 80)
Re:
| APPLICATION for interim measures, essentially to permit the Centre de langues à Louvain-la-Neuve et -en-Woluwe (CLL Centres de Langues) to participate in the tendering procedure ADMIN/D1/PR/2008/004 regarding the contract ‘Language training for staff at the European Union (EU) institutions, bodies and agencies in Brussels’ and to suspend the Commission’s decision to exclude it until the Court has ruled on the action for annulment of that decision. |
Operative part
The Court:
1. | | Rejects the application for interim measures; |