Orders (Information) nº T-228/18 of Tribunal General de la Unión Europea, May 17, 2018

• Resolution Date: May 17, 2018
• Issuing Organization: Tribunal General de la Unión Europea
• Decision Number: T-228/18

Order of the President of the of the General Court of 17 May 2018 - Transtec v Commission

(Case T-228/18 R)

(Interim measures - Public procurement - Framework contract for the provision of services to third countries benefiting from external aid - Application for interim measures - No 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 15-18, 22, 44) 2. Application for interim measures - Suspension of operation of a measure - Interim measures - 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 - Situation liable to endanger the existence of the applicant company - Assessment having regard to the situation of the group to which the applicant company belongs - Lack of any urgency

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

   (see paras 21, 23-25, 27, 59) 3. Application for interim measures - Admissibility criteria - Application - Formal requirements - Pleas establishing a prima facie case for the measures applied for

   (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 156(4) and (5))

   (see paras 26, 28) 4. 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...