Order of the President of the General Court of 6 December 2024
Order of the President of the General Court of 6 December 2024
Data
- Court
- General Court
- Case date
- 6 december 2024
Verdict
Order of the President of the General Court of 6 December 2024 –
Alhares for Security Services and Occupational Safety v EUBAM Libya
(Case T‑493/24 R)
"(Interim relief - Public supply contracts - Tendering procedure - Negotiated procedure without prior publication of a contract notice - Application for interim measures - No urgency)"
1. Interim reliefSuspension of operation of a measureInterim measuresConditions for grantingPrima facie caseUrgencySerious and irreparable damageCumulative natureWeighing up of all the interests involvedOrder of examination and method of verificationDiscretion of the judge hearing the application for interim relief
(Arts 256(1), 278 and 279 TFEU; Rules of Procedure of the General Court, Art. 156)
(see paragraphs 12-15)
2. Interim reliefSuspension of operation of a measureInterim measuresConditions for grantingUrgencySerious and irreparable damageBurden of proofFinancial damageObligation to provide specific and precise information, supported by detailed documentary evidenceNeed to provide a true overall picture of the financial situation
(Arts 278 and 279 TFEU; Rules of Procedure of the General Court, Art. 156(4))
(see paragraphs 30, 31)
3. Interim reliefSuspension of operation of a measureInterim measuresConditions for grantingUrgencySerious and irreparable damageFinancial damageDecision to exclude a tenderer from a tender procedureLoss of opportunityDamage to its reputationDamage which cannot be regarded as irreparable
(Arts 278 and 279 TFEU; Rules of Procedure of the General Court, Art. 156(4))
(see paragraphs 34, 36)
Operative part
1. The application for interim measures is dismissed.
2. The costs are reserved.