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Order of the President of the General Court of 31 August 2010.#Babcock Noell GmbH v European Joint Undertaking for ITER and the Development of Fusion Energy.#Application for interim measures – Public contracts – Tendering procedure – Rejection of a tender – Application for suspension of operation of a measure – Prima facie case – Urgency – Balance of interests.#Case T-299/10 R.
ECLI:EU:T:2010:334
62010TO0299
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(Case T-299/10 R)
4. Application for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency – Serious and irreparable damage – Financial loss – Loss of an opportunity to be awarded and to perform the contract in the tendering procedure – Loss capable of full remedy in the context of the action in the main proceedings or an action for compensation – Not irreparable (Arts 268 TFEU, 278 TFEU, 279 TFEU and 340 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 48-51)
5. 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 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see para. 59)
6. Application for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Balancing of all the interests involved – Damage to the applicant’s reputation – General interest of the European Union taking priority over the purely public relations interest of the applicant (Arts 278 TFEU and 279 TFEU) (see paras 63-68)
Re:
APPLICATION for suspension of operation of decisions taken by the defendant, in the context of a tendering procedure, to reject the applicant’s tenders and to award to another tenderer Lot D of the contract for the supply of ITER toroidal field coils winding packs.
Operative part
1.The application for interim measures is dismissed.
2.Costs are reserved.