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Document 62010TO0591
Order of the President of the General Court of 9 March 2011. # Castiglioni Srl v European Commission. # Interim proceedings - Public contracts - Public procurement procedure - Rejection of a bid - Application for stay of execution - Failure to have regard to the formal requirements - Inadmissibility. # Case T-591/10 R.
Order of the President of the General Court of 9 March 2011.
Castiglioni Srl v European Commission.
Interim proceedings - Public contracts - Public procurement procedure - Rejection of a bid - Application for stay of execution - Failure to have regard to the formal requirements - Inadmissibility.
Case T-591/10 R.
Order of the President of the General Court of 9 March 2011.
Castiglioni Srl v European Commission.
Interim proceedings - Public contracts - Public procurement procedure - Rejection of a bid - Application for stay of execution - Failure to have regard to the formal requirements - Inadmissibility.
Case T-591/10 R.
European Court Reports 2011 II-00047*
ECLI identifier: ECLI:EU:T:2011:80
Order of the President of the General Court of 9 March 2011 – Castiglioni v Commission
(Case T-591/10 R)
Interim proceedings – Public contracts – Public procurement procedure – Rejection of a bid – Application for stay of execution – Failure to have regard to the formal requirements – Inadmissibility
1. Application for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Prima facie case – Urgency – Serious and irreparable damage – Cumulative nature – Order of examination and method of verification – Discretion of the judge dealing with the application for interim relief (Arts 256(1) TFEU, 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 11-12)
2. Application for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency – Serious and irreparable damage – Loss of opportunity arising from the exclusion of a tenderer from a tendering procedure – Loss not in itself constituting serious damage – Assessment – Size of the undertaking taken into account – Burden of proof (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 14, 17)
3. Application for interim measures – Formal requirements – Submission of applications – Brief summary of the pleas in law on which the application is based – Factual and legal grounds not set out in the application and pleadings – Inadmissibility (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2) and (3)) (see para. 18)
4. Application for interim measures – Conditions for admissibility – Application – Formal requirements – Statement of the pleas in law establishing a prima facie case for granting the measures sought – Lodging of an additional pleading to remedy deficiencies – Incompatibility with the interim measures procedure (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Arts 104(2) and (3) and 109) (see para. 20)
Re:
APPLICATION for interim measures made in the tendering procedure concerning a multiple framework agreement for works to construct, restructure and maintain buildings and infrastructure at the European Commission Joint Research Centre’s Ispra (Italy) site. |
Operative part
1. |
The application for interim measures is dismissed. |
2. |
Costs are reserved. |