Orders (Information) nº T-163/20 of Tribunal General de la Unión Europea, May 25, 2020

• Resolution Date: May 25, 2020
• Issuing Organization: Tribunal General de la Unión Europea
• Decision Number: T-163/20

Order of the President of the of the General Court of 25 May 2020 - Isopix v Parliament

(Case T-163/20 R and T-163/20 RII)

(Application for interim relief - Public supply contracts - Provision of photography services - Application for suspension of operation of a measure - Partial manifest inadmissibility of the main action - Inadmissibility - Urgency - Prima facie case - Balancing of competing interests)

1. Application for interim relief - Suspension of operation of a measure - Admissibility conditions - Prima facie admissibility of the main action

   (Art. 278 TFEU; Rules of Procedure of the General Court, Art. 156(1) and (2))

   (see paras 22-24)

2. Action for annulment - Actionable measures - Meaning - Measures producing binding legal effects - Measure of the Parliament rejecting a tenderer’s tender in the context of a public procurement - Assessment of whether or not that decision is definitive in the light of its contents and its context - Intermediary measure - Measure which cannot be regarded as having caused adverse effects - Inadmissibility

   (Art. 278 TFEU)

   (see paras 25-27, 33-36)

3. Application for interim relief - Suspension of operation of a measure - Interim measures - Conditions for grant - Serious and irreparable harm - Financial harm - Serious nature of the harm - Situation which could jeopardise the existence of the applicant company - Assessment in the light of the size and turnover of the undertaking and the situation of the group to which it belongs - Examination of the circumstances of each case

   (Arts 278 and 279 TFEU)

   (see paras 27-30, 33, 36)

4. Application for interim relief - Suspension of operation of a measure - Interim measures - Conditions for grant - Prima facie case - Urgency - Serious and irreparable harm - Cumulative nature - Balancing of all the interests involved - Order of examination and method of verification - Discretion of the court hearing the application for interim relief

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

   (see paras 40, 41)

5. Application for interim relief - Suspension of operation of a measure - Conditions for grant - Urgency - Assessment in public procurement litigation - Serious harm - 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...