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Document 62023TO0338
Order of the President of the General Court of 9 August 2023.
Next Media Project, SLU v European Fisheries Control Agency.
Interim relief – Public supply contracts – Communication and event organisation services – Application for interim measures – No prima facie case.
Case T-338/23 R.
Order of the President of the General Court of 9 August 2023.
Next Media Project, SLU v European Fisheries Control Agency.
Interim relief – Public supply contracts – Communication and event organisation services – Application for interim measures – No prima facie case.
Case T-338/23 R.
ECLI identifier: ECLI:EU:T:2023:467
Order of the President of the General Court of 9 August 2023 –
Next Media Project v AECP
(Case T‑338/23 R)
(Interim relief – Public supply contracts – Communication and event organisation services – Application for interim measures – No prima facie case)
1. |
Interim relief – Suspension of operation of a measure – Interim measures – Conditions for granting – Prima facie case – Urgency – Serious and irreparable damage – Cumulative nature – Balancing of all the interests involved – Order of examination and method of verification – Discretion 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(4)) (see paragraphs 12-15) |
2. |
Interim relief – Suspension of operation of a measure – Conditions for granting – Urgency – Assessment in public procurement litigation – Serious damage – Sufficient in the case of a particularly serious prima facie case constituted by an obvious and serious illegality – Condition – Application for interim measures brought in the standstill period before conclusion of the contract with the successful tenderer (Art. 278 TFEU; Charter of Fundamental Rights of the European Union, Art. 47; Rules of Procedure of the General Court, Art. 156(4); European Parliament and Council Regulation 2018/1046, Art. 175) (see paragraphs 20-23) |
3. |
Interim relief – Suspension of operation of a measure – Interim measures – Conditions for granting – Prima facie case – Prima facie examination of the pleas in law put forward in support of the main action – Action against a decision of an agency to reject a tenderer’s offer in the context of a public contract – Plea alleging no irregularities in the communication of the information required – Plea prima facie lacking in foundation (Arts 278 and 279 TFEU; European Parliament and Council Regulation 2018/1046, Art. 141(1)(b)) (see paragraphs 34-43) |
Operative part
1. |
The application for interim measures is rejected. |
2. |
The costs are reserved. |