Order of the President of the General Court of 26 March 2010 – Sviluppo Globale v Commission

(Case T-6/10 R)

Interim measures – Public contracts – Tendering procedure – Rejection of tender – Application for suspension of operation and interim measures – Loss of opportunity – Lack of serious and irreparable harm – 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 – Order of examination and method of verification – Discretion of the judge dealing with 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 11-14)

2.                     Application for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency – Serious and irreparable damage – Burden of proof (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 22-23)

3.                     Application for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency – Serious and irreparable damage – Loss of opportunity arising from the exclusion of a tenderer (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 25-26)

4.                     Application for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency – Serious and irreparable damage – Financial loss – Loss of opportunity arising from the exclusion of a tenderer (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see para. 27)

5.                     Application for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency – Serious and irreparable damage – Financial loss – Loss of opportunity arising from the exclusion of a tenderer (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 29-32)

6.                     Application for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency – Serious and irreparable damage – Contested measure infringing a superior rule of law (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see para. 33)

Re:

APPLICATION for interim measures concerning call for tenders EuropeAid/127843/D/SER/KOS for the provision of support services to the customs and tax authorities in Kosovo.

Operative part

1. The application for interim measures is dismissed.

2. The costs are reserved.