Orders (Information) nº T-578/19 of Tribunal General de la Unión Europea, September 11, 2019

• Resolution Date: September 11, 2019
• Issuing Organization: Tribunal General de la Unión Europea
• Decision Number: T-578/19

Order of the President of the General Court of 11 September 2019 - Sophia Group v Parliament

(Case T-578/19 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 - Cumulative nature - Balancing of all the interests involved - Discretion of the court hearing the application for interim relief

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

   (see paras 15-17)

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

   (Arts 278 and 279 TFEU)

   (see para. 20)

3. 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

   (Arts 278 and 279 TFEU; Charter of Fundamental Rights of the European Union, Art. 47; European Parliament and Council Regulation 2018/1046, Art. 175)

   (see paras 21, 23, 24, 26, 27)

4. Application for interim relief - Suspension of operation of a measure - Interim measures - Conditions for granting - Urgency - Serious and irreparable damage - Financial loss - Loss capable of full reparation in the context of the action in the main proceedings or an action for compensation - Not irreparable

   (Arts 268, 278, 279 and 340 TFEU)

   (see para. 37)

5. Application for interim relief - 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, 278, 279 and 340 TFEU; European Parliament and Council Regulation 2018/1046)

   (see para. 38)

6. Application for interim relief - Suspension of operation of a measure - Interim measures - Conditions for granting - Urgency - Serious and irreparable damage - Causal link between the alleged damage and the contested act

   (Arts 278...