Order of the President of the General Court of 18 December 2013 —
Istituto di vigilanza dell’Urbe v Commission
(Case T‑579/13 R)
Interim measures — Public service contracts — Tendering procedure — Provision of security guard and reception services at the ‘European Union Houses’ in Rome and Milan — Award of the contract to another tenderer — Application for suspension of operation — Disregard of the formal requirements — Inadmissibility
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 (Arts 256(1) TFEU, 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 6-8)
2. Applications for interim measures — Conditions of admissibility — Application — Formal requirements — Pleas establishing a prima facie case for the measures applied for — Pleas in law not set out in the application — General reference to other documents — Inadmissibility (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Arts 44(1)(c), and 104(3)) (see paras 9, 10)
3. Applications for interim measures — Suspension of operation of a measure — Interim measures — Conditions for granting — Urgency — Serious and irreparable damage — Burden of proof — Financial loss — Obligation to provide concrete and precise indications, supported by detailed documentary evidence — Situation which could jeopardise the existence of the applicant company (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 12, 13)
4. Applications for interim measures — Suspension of operation of a measure — Interim measures — Conditions for granting — Urgency — Serious and irreparable damage — Financial loss — Loss capable of being wholly compensated for in the context of the main action or an action for compensation — Not irreparable (Arts 268 TFEU, 278 TFEU, 279 TFEU and 340 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see para. 16)
Re:
| APPLICATION seeking the suspension of the operation of the award decision, adopted on 27 August 2013 by the Commission, relating to a public service contract concerning security guard and reception services at the ‘European Union Houses’ in Rome and Milan (Italy). |
Operative part
1. | | The application for interim measures is dismissed. |