Keywords
Subject of the case
Operative part

Keywords

Applications for interim measures – Interim measures – Conditions for granting – Urgency – ‘Prima facie case’ – Cumulative nature – Weighing‑up of all the interests at stake (Art. 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 22-23)

2. Applications for interim measures – Interest in bringing proceedings (Arts 242 EC and 243 EC) (see paras 26, 33-34)

Subject of the case

Re:

APPLICATION for interim measures seeking, principally, a stay of execution until delivery of the judgment by the Court of Justice in Joined Cases C-23/07 and C-24/07 of the provision limiting to 31 March 2007 the right to use the name ‘tocai friulano’, which name appears in the form of an explanatory note to Point 103 of Annex I to Commission Regulation (EC) No 1429/2004 of 9 August 2004 amending Regulation (EC) No 753/2002 laying down certain rules for applying Council Regulation (EC) No 1493/1999 as regards the description, designation, presentation and protection of certain wine sector products (OJ 2004 L 263, p. 11), and, as a subsidiary plea, a stay of execution of that provision within the territory of the Italian Republic until delivery of the judgment by the Court of Justice in Joined Cases C‑23/07 and C-24/07, together with a prohibition of exports of production in the Community and without prejudice to the marketing of Hungarian-produced wine bearing the name ‘tokaj’ or homonyms thereof accepted for marketing in Italy and in the Community.

Operative part

Operative part

The Court:

1. Dismisses the application for interim measures;

2. Reserves the costs.