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Order of the Court of First Instance (Fifth Chamber) of 15 July 2008.#Antwerpse Bouwwerken NV v Commission of the European Communities.#Application for interim measures - Public procurement - Community tendering procedure - Rejection of tender - Application for suspension of operation and interim measures - Admissibility - Interest in bringing proceedings - Loss of opportunity - No serious and irreparable damage - No urgency.#Case T-195/08 R.
ECLI:EU:T:2008:292
62008TO0195
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Order of the President of the Court of First Instance of 15 July 2008 – Antwerpse Bouwwerken v Commission
(Case T-195/08 R)
Application for interim measures – Public procurement – Community tendering procedure – Rejection of tender – Application for suspension of operation and interim measures – Admissibility – Interest in bringing proceedings – Loss of opportunity – No serious and irreparable damage – No urgency
3. Application for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Serious and irreparable damage – Financial loss (Arts 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 43-44)
4. Application for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency (Arts 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 47-48)
6. Application for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Serious and irreparable damage – Financial loss – Situation which could jeopardise the existence of the applicant company or irremediably alter its position in the market – Inclusion – Conditions (Arts 242 EC and 243 EC ; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 52-54)
7. Application for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Serious and irreparable damage – Decision to exclude a tenderer from a tender procedure – Damage to its reputation – Damage which cannot be regarded as irreparable (Arts 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 56-57)
Re:
APPLICATION for interim measures in the context of the tendering procedure launched by the Commission for the construction of a building.
Operative part
The Court:
1.Dismisses the application for interim measures;
2.Reserves the costs.