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Order of the President of the Court of First Instance of 25 April 2008.#Vakakis International - Symvouloi gia Agrotiki Anaptixi AE v Commission of the European Communities.#Community tendering procedure - Interim proceedings - Loss of an opportunity - Locus standi - Admissibility of the main application - Urgency - Measures of inquiry.#Case T-41/08 R.
ECLI:EU:T:2008:128
62008TO0041
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(Case T-41/08 R)
Community tendering procedure – Interim proceedings – Loss of an opportunity – Locus standi – Admissibility of the main application – Urgency – Measures of inquiry
1.Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Prima facie case – Urgency – Cumulative nature – Balancing of all the interests involved (Arts 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 23-25)
2.Applications for interim measures – Conditions of admissibility – Prima facie admissibility of the main action (Arts 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(1)) (see para. 34)
3.Applications for interim measures – Conditions of admissibility – Application – Formal requirements (Arts 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2) and (3) (see paras 42-44)
4.Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency – Serious and irreparable damage (Arts 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 52-53, 65-66)
Re:
APPLICATION for an order granting interim measures in the context of the service tender procedure EuropeAid/125241/C/SER/CY for the supply of ‘Technical Assistance to Support Rural Development Policy’ in the Northern Part of Cyprus.
Operative part
The Court:
1.Dismisses the application for interim measures;
2.Dismisses the application for measures of inquiry or organisation of procedure;
3.Decides that there is no need for a decision on the application for leave to intervene;
4.Reserves the costs, except that Agriconsulting shall bear the costs incurred by it in connection with the submission of its application for leave to intervene.