Order of the President of the General Court of 11 September 2019

1. Application for interim reliefSuspension of operation of a measureInterim measuresConditions for grantingPrima facie caseUrgencyCumulative natureBalancing of all the interests involvedDiscretion 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 reliefInterim measuresAimFull 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 reliefSuspension of operation of a measureConditions for grantingUrgencyAssessment in public procurement litigationSerious damageSufficient in the case of a particularly serious prima facie case constituted by an obvious and serious illegalityConditionApplication 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 reliefSuspension of operation of a measureInterim measuresConditions for grantingUrgencySerious and irreparable damageFinancial lossLoss capable of full reparation in the context of the action in the main proceedings or an action for compensationNot irreparable

(Arts 268, 278, 279 and 340 TFEU)

(see para. 37)

5. Application for interim reliefSuspension of operation of a measureInterim measuresConditions for grantingUrgencySerious and irreparable damageFinancial lossDecision to exclude a tenderer from a tender procedureLoss of opportunityDamage to its reputationDamage 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 reliefSuspension of operation of a measureInterim measuresConditions for grantingUrgencySerious and irreparable damageCausal link between the alleged damage and the contested act

(Arts 278 and 279 TFEU)

(see para. 39)

7. Application for interim reliefSuspension of operation of a measureInterim measuresConditions for grantingUrgencySerious and irreparable damageFinancial lossSituation liable to endanger the existence of the applicant companyAssessment in the light of a risk of having to abolish posts

(Arts 278 and 279 TFEU)

(see para. 44)

8. Application for interim reliefSuspension of operation of a measureInterim measuresConditions for grantingUrgencySerious and irreparable damageBurden of proofObligation to provide concrete and precise indications, supported by detailed documentary evidence

(Arts 278 and 279 TFEU; Rules of Procedure of the General Court, Art. 156(4))

(see para. 46)

Re:

Application on the basis of Articles 278 and 279 TFEU for the grant of interim measures seeking, first, the suspension of operation of the Parliament’s decision dated 30 July 2019 to award Lot No 1 of the tender for the ‘Provision of Buildings HelpDesk services’ (Call for tenders 06A0010/2019/M011) to another tenderer, and, secondly, the suspension of the contract concluded with that other tenderer.

Operative part

1. The application for interim measures is dismissed.

2. Costs are reserved.