Order of the President of the General Court of 9 March 2011 – Castiglioni v Commission
(Case T-591/10 R)
Interim proceedings – Public contracts – Public procurement procedure – Rejection of a bid – Application for stay of execution – Failure to have regard to the formal requirements – Inadmissibility
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 11-12)
2. 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 from a tendering procedure – Loss not in itself constituting serious damage – Assessment – Size of the undertaking taken into account – Burden of proof (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 14, 17)
3. Application for interim measures – Formal requirements – Submission of applications – Brief summary of the pleas in law on which the application is based – Factual and legal grounds not set out in the application and pleadings – Inadmissibility (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2) and (3)) (see para. 18)
4. Application for interim measures – Conditions for admissibility – Application – Formal requirements – Statement of the pleas in law establishing a prima facie case for granting the measures sought – Lodging of an additional pleading to remedy deficiencies – Incompatibility with the interim measures procedure (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Arts 104(2) and (3) and 109) (see para. 20)
Re:
| APPLICATION for interim measures made in the tendering procedure concerning a multiple framework agreement for works to construct, restructure and maintain buildings and infrastructure at the European Commission Joint Research Centre’s Ispra (Italy) site. |
Operative part
1. | | 1. The application for interim measures is dismissed. |