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Order of the President of the General Court of 20 January 2010.#Agriconsulting Europe SA v European Commission.#Application for interim measures - Public procurement - Tendering procedure - Rejection of a tender - Application for suspension of operation and for interim measures - Loss of opportunity - Absence of serious and irreparable damage - No urgency.#Case T-443/09 R.
ECLI:EU:T:2010:19
62009TO0443
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(Case T-443/09 R)
Application for interim measures – Public procurement – Tendering procedure – Rejection of a tender – Application for suspension of operation and for interim measures – Loss of opportunity – Absence of serious and irreparable damage – No urgency
5. Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Serious and irreparable damage – Financial loss – Loss of opportunity arising from the exclusion of a tenderer from a tendering procedure – Assessment – Account taken of the size of the undertaking (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see para. 30)
6. Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency – Serious and irreparable damage – Financial loss – Loss of opportunity arising from the exclusion of a tenderer from a tendering procedure – Loss capable of full reparation in the context of the action in the main proceedings or an action for compensation – Not irreparable in character (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 32-35)
7. Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Serious and irreparable damage – Contested measure infringing a superior rule of law – Condition not automatically fulfilled – Burden of proof (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see para. 36)
Re:
APPLICATION for interim relief concerning the tendering procedure EuropeAid/127054/C/SER/Multi relating to short-term services in the exclusive interest of third countries benefiting from European Commission external aid.
Operative part
1.The application for interim measures is dismissed.
2.Costs are reserved.