Order of the President of the General Court of 5 October 2011 – Computer Resources International (Luxembourg) v Commission
(Case T-422/11 R)
Interim measures – Public procurement – Tendering procedure – Rejection of a tender – Application for suspension of operation of a measure – Loss of opportunity – No serious and irreparable damage – 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 – 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 14-15)
2. Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Urgency – Serious and irreparable damage – Burden of proof – Financial loss – Situation which could jeopardise the existence of the applicant company – Assessment having regard to the situation of the group (Art. 278 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 19-22, 28-31, 33)
3. Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Urgency – Serious and irreparable damage – Financial loss – Loss capable of full remedy in an action for compensation – Not irreparable in character (Arts 268 TFEU, 278 TFEU and 340 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 26-27)
4. Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency – Serious and irreparable damage – Decision to exclude a tenderer from a tender procedure – Damage to its reputation – Damage which cannot be regarded as irreparable (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see para. 38)
Re:
| APPLICATION for suspension of operation of the decision of the Publications Office of the European Union of 22 July 2011 which, first, rejects the tenders submitted by the applicant in tendering procedure AO 10340 concerning the supply of computing services for software development, maintenance, consultancy and assistance for different types of IT applications (OJ 2011/S 66-106099) and, second, informs the applicant that the relevant framework contract has been awarded to other tenderers. |
Operative part
1. | | The application for interim measures is dismissed. |