Order of the President of the General Court of 25 January 2012 – Euris Consult v Parliament
(Case T-637/11 R)
Application for interim measures – Public services contract – Tendering procedure – Services of translation into Maltese – Rejection of a tender – Arrangements for communication – 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 – Balancing of all the interests involved – Order of examination and method of verification – Discretion 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 10-11)
2. Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Serious and irreparable damage – Burden of proof – Financial loss – Financial viability (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 15-17)
3. Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency – Serious and irreparable damage – Loss of opportunity through exclusion from a tendering procedure – Loss not in itself constituting serious damage – Assessment of actual situation (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 20-21)
4. Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Serious and irreparable damage – Financial loss – Loss of opportunity through exclusion from a tendering procedure – Damage capable of full remedy in the context of an action for compensation (Arts 268 TFEU, 278 TFEU, 279 TFEU and 340 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 24-25)
5. Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Urgency – Serious and irreparable damage – Burden of proof – Serious and irreparable damage for the applicant – Applicant’s own interests affected – Interests of employees of the applicant company affected – Not included (Art. 278 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see para. 26)
Re:
| APPLICATION for suspension of operation of the decision of the European Parliament of 18 October 2011 in the tendering procedure (MT/2011/EU) for the provision of translation services into Maltese (OJ S 56 090372) and rejecting the tender submitted by the applicant. |
Operative part
1. | | The application for interim measures is dismissed. |