Orders (Information) nº T-383/14 of The General Court, March 24, 2015

• Resolution Date: March 24, 2015
• Issuing Organization: The General Court
• Decision Number: T-383/14

Case T-383/14 R

(publication by extracts)

Europower SpA

v

European Commission

(Interim measures - Public works contracts - Tendering procedure - Construction and maintenance of a tri-generation plant - Rejection of the tender submitted by a tenderer and award of the contract to another tenderer - Application for suspension of operation - Prima facie case - Lack of urgency)

Summary - Order of the President of the General Court, 24 March 2015

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

   (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 - Conditions for granting - Prima facie case - Prima facie examination of the pleas in law put forward in support of the main action - Action against a Commission decision to reject a tender for a public contract - Plea that the awarding authority did not comply with the technical requirements of the tender documents - Plea not prima facie lacking in foundation

   (Arts 278 TFEU and 279 TFEU)

3. Application for interim measures - Suspension of operation of a measure - Conditions for granting - Urgency - Assessment in proceedings on the award of public contracts - Serious damage - Sufficiency in the case of a particularly strong prima facie case constituted by a manifest and serious illegality

   (Arts 278 TFEU and 279 TFEU; Charter of Fundamental Rights of the European Union, Art. 47)

4. Application for interim measures - Suspension of operation of a measure - Conditions for granting - Urgency - Assessment in proceedings on the award of public contracts - No sufficiently manifest and serious illegalities - Obligation to demonstrate the serious and irreparable nature of the damage

   (Arts 278 TFEU and 279 TFEU; Charter of Fundamental Rights of the European Union, Art. 47)

5. Application for interim measures - Suspension of operation of a measure - 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

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

1. See the text of the decision.

   (see paras 12, 13) 2. In the context of an application for...