Orders (Information) nº T-117/17 of Tribunal General de la Unión Europea, July 03, 2017

• Resolution Date: July 03, 2017
• Issuing Organization: Tribunal General de la Unión Europea
• Decision Number: T-117/17

Case T-117/17 R

Proximus SA/NV

v

Council of the European Union

(Interim measures - Public procurement - Negotiated procedure - Application for interim measures - No urgency)

Summary - Order of the President of the General Court, 3 July 2017

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 court hearing the application for interim relief - Balancing of all the interests involved

   (Arts 256(1) TFEU, 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 156(4))

2. Application for interim measures - Suspension of operation of a measure - Interim measures - Conditions for granting - Urgency - Serious and irreparable damage - Burden of proof borne by the party seeking the interim measure

   (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 156(4))

3. Application for interim measures - Suspension of operation of a measure - Conditions for granting - Urgency - Assessment in public procurement litigation - Serious damage - Sufficient in the case of a particularly serious prima facie case constituted by an obvious and serious illegality - Condition - Application for interim measures brought in the standstill period before conclusion of the contract with the successful tenderer

   (Art. 278 TFEU; Charter of Fundamental Rights of the European Union, Art. 47; Rules of Procedure of the General Court, Art. 157(2); Regulation of the European Parliament and of the Council No 966/2012, Art. 118(2) and (3); Commission Regulation No 1268/2012, Art. 171(1))

4. Application for interim measures - Suspension of operation of a measure - Interim measures - Conditions for granting - Urgency - Serious and irreparable damage - Financial loss - Decision to exclude a tenderer from a tender procedure - Loss of opportunity - Damage to its reputation - Damage which cannot be regarded as irreparable

   (Arts 268 TFEU, 278 TFEU, 279 TFEU and 340 TFEU; Rules of Procedure of the General Court, Art. 156(4))

1. See the text of the decision.

   (see paras 16, 18, 19) 2. See the text of the decision.

   (see paras 22, 23) 3. Having regard to the requirements which follow from the effective protection which must be guaranteed in public procurement matters, when an unsuccessful tenderer is able to show that there is a particularly...