Orders (Information) nº T-849/19 of Tribunal General de la Unión Europea, April 20, 2020

• Resolution Date: April 20, 2020
• Issuing Organization: Tribunal General de la Unión Europea
• Decision Number: T-849/19

Order of the President of the General Court of 20 April 2020 - Leonardo v Frontex

(Case T-849/19 R)

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

1. Application for interim relief - Suspension of operation of a measure - Interim measures - Conditions for granting - Prima facie case - Urgency - Serious and irreparable damage - 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 9-12)

2. Application for interim relief - Interim measures - Aim - Full effectiveness of the future decision on the merits without prejudging its sense or depriving it of effect

   (Art. 279 TFEU)

   (see para. 15)

3. Application for interim relief - 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 - No indications or evidence

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

   (see paras 16, 26, 27)

4. Application for interim relief - 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 - Non-applicability in the event of an application for interim measures seeking the suspension of the tender procedure at its initial stage

   (Art. 278 TFEU; Charter of Fundamental Rights...