Keywords
Summary

Keywords

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Application for interim measures - Suspension of operation of a decision - Conditions for granting - Prima facie case - Serious and irreparable damage - Applicant' s interest in obtaining the suspension order applied for

( EEC Treaty, Art . 185; Rules of Procedure, Art . 83(2 ) )

Summary

In order for an order suspending the operation of an act as provided for in Article 185 of the Treaty to be granted, Article 83(2 ) of the Rules of Procedure requires that the application for such a measure must state both the factual and legal grounds establishing a prima facie case for the interim measure applied for and the circumstances giving rise to urgency, which is to be assessed in the light of the risk of serious and irreparable damage . The applicant must also prove that he has an interest making his application, which is an essential and fundamental prerequisite for any legal proceedings .