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. |