Keywords
Subject of the case
Operative part

Keywords

Applications for interim measures – Suspension of operation of a measure – Application for suspension of the enforcement of a decision including a pecuniary obligation – Application seeking, in reality, suspension of the operation of another decision having effects on the applicant’s financial position (Arts 242 EC and 256 EC) (see paras 18, 21-24)

2. Applications for interim measures – Conditions for admissibility – Application – Formal requirements (Rules of Procedure of the Court of First Instance, Arts 44(1)(c) and 104(2)) (see paras 33-39)

3. Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Prima facie case – Urgency – Cumulative nature – Weighing-up of all the interests at stake (Arts 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 42-43)

4. Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency – Particular seriousness of the prima facie case (Arts 225(1) EC, 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 51-61)

Subject of the case

Re:

APPLICATION for a stay of execution of Commission Decision C (2006) 6452 of 4 December 2006 relating to recovery of the sum of EUR 318 000 received by the applicant as an advance in respect of the Ecodata project.

Operative part

Operative part

The Court:

1. Dismisses the application for interim measures;

2. Reserves the costs.