Keywords
Summary

Keywords

1. Applications for interim measures - Conditions for admissibility - Whether the measure sought has any link with the forms of order sought in the main proceedings - Provisional and non-definitive nature of measure sought

(Arts 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2))

2. Applications for interim measures - Conditions for admissibility - Applicability to actions for interim measures of the conditions required in order to bring an action for annulment - Provisional measures not capable of altering the applicant's situation or not confined to his particular situation - Inadmissibility

(Arts 230 EC, 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2))

3. Procedure - Rights and obligations of agents, advisers and lawyers - Introduction by a lawyer of a series of applications which are manifestly inadmissible and/or unfounded concerning the same facts - Abuse of process - Conduct incompatible with the dignity of the Court of First Instance - Application of Article 41(1) of the Rules of Procedure

(Rules of Procedure of the Court of First Instance, Art. 41(1))

Summary

1. The court hearing the application for interim measures has no power to order a provisional measure lacking any connection with the forms of order sought in the main proceedings. Moreover, the interim measures sought must be provisional and not definitive and may not, therefore, prejudge the outcome of the main proceedings.

( see paras 32-33 )

2. The rule that an individual has no standing to bring proceedings under the fourth paragraph of Article 230 EC in order to obtain reparation which applies erga omnes but has, rather, only the right to bring proceedings if the act whose annulment is sought is such as to bring about a significant change in his legal situation, is applicable to applications for interim measures. Applications for provisional measures which are either not such as to bring about a significant change in the applicant's legal situation or are not confined to his particular situation are manifestly inadmissible.

( see para. 34 )

3. The conduct of a lawyer who persists in introducing, in relation to essentially the same facts, a series of applications both for interim measures and in the main proceedings which are manifestly inadmissible and/or unfounded, especially when those applications practically invariably contain baseless allegations of manifest unlawfulness directed at the contested decisions of the Community institution in question, of bad faith or failure to fulfil obligations on the part of that institution, clearly amounts to abuse of process.

Confronted with such abuse, the Court of First Instance may consider using the powers conferred on it by Article 41(1) of the Rules of Procedure against the lawyer whose conduct before the Court is incompatible with the latter's dignity or who uses the rights he derives from his office for purposes other than those for which those rights are accorded him.

( see paras 45-46 )