Orders (Information) nº T-211/17 of Tribunal General de la Unión Europea, September 29, 2017

• Resolution Date: September 29, 2017
• Issuing Organization: Tribunal General de la Unión Europea
• Decision Number: T-211/17

Order of the President of the of the General Court 29 September 2017 - Amplexor Luxembourg v Commission

(Case T-211/17 R)

(Interim measures - Public service contracts - Application for interim measures - Lack of urgency)

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))

   (see paras 12-15) 2. Application for interim measures - Suspension of operation of a measure - Interim measures - Conditions for granting - Urgency - Serious and irreparable damage - Burden of proof - Obligation to provide concrete and precise indications, supported by detailed documentary evidence

   (Arts 256(1) TFEU, 278 TFEU and 279 TFEU)

   (see paras 18, 19, 42, 43) 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 European Parliament and Council Regulation No 966/2012, Art. 118(2) and (3); Commission Regulation No 1268/2012, Art. 171(1))

   (see paras 20-22, 27, 28) 4. Application for...