Orders (Information) nº T-4/13 R of The General Court, March 11, 2013

• Resolution Date: March 11, 2013
• Issuing Organization: The General Court
• Decision Number: T-4/13 R

Case T‑4/13 R

Communicaid Group Ltd

v

European Commission

(Application for interim measures — Public services contracts — Tendering procedure — Language training services — Rejection of tender submitted by a tenderer — Application for suspension of operation and interim measures — Loss of opportunity — No serious and irreparable damage — No urgency)

Summary — Order of the President of the General Court, 11 March 2013

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 — Balancing of all the interests involved — 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))

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)

3. Application for interim measures — Suspension of operation of a measure — Interim measures — Conditions for granting — Serious and irreparable damage — Financial loss — Situation which could jeopardise the existence of the applicant company — Burden of proof

   (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2))

4. Application 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

   (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2))

5. Application 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))

6. Application for interim measures — Suspension of operation of a measure — Interim measures — Conditions for granting — Serious and irreparable damage — Decision to exclude a tenderer from a tender procedure — Damage to its reputation — Damage...