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Document 62008TO0041

Order of the President of the Court of First Instance of 25 April 2008.
Vakakis International - Symvouloi gia Agrotiki Anaptixi AE v Commission of the European Communities.
Community tendering procedure - Interim proceedings - Loss of an opportunity - Locus standi - Admissibility of the main application - Urgency - Measures of inquiry.
Case T-41/08 R.

Thuarascálacha na Cúirte Eorpaí 2008 II-00066*

ECLI identifier: ECLI:EU:T:2008:128





Order of the President of the Court of First Instance of 25 April 2008 – Vakakis v Commission

(Case T-41/08 R)

Community tendering procedure – Interim proceedings – Loss of an opportunity – Locus standi – Admissibility of the main application – Urgency – Measures of inquiry

1.                     Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Prima facie case – Urgency – Cumulative nature – Balancing of all the interests involved (Arts 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 23-25)

2.                     Applications for interim measures – Conditions of admissibility – Prima facie admissibility of the main action (Arts 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(1)) (see para. 34)

3.                     Applications for interim measures – Conditions of admissibility – Application – Formal requirements (Arts 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2) and (3) (see paras 42-44)

4.                     Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency – Serious and irreparable damage (Arts 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 52-53, 65-66)

Re:

APPLICATION for an order granting interim measures in the context of the service tender procedure EuropeAid/125241/C/SER/CY for the supply of ‘Technical Assistance to Support Rural Development Policy’ in the Northern Part of Cyprus.

Operative part

The Court:

1.

Dismisses the application for interim measures;

2.

Dismisses the application for measures of inquiry or organisation of procedure;

3.

Decides that there is no need for a decision on the application for leave to intervene;

4.

Reserves the costs, except that Agriconsulting shall bear the costs incurred by it in connection with the submission of its application for leave to intervene.

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