Order of the President of the Court of First Instance of 2 August 2006 – BA.LA. di Lanciotti Vittorio and Others v Commission

(Case T-163/06 R)

Application for interim measures – Admissibility of main application – Admissibility of the application for interim measures

1.                     Applications for interim measures – Suspension of operation – Interim relief – Conditions of grant – Urgency – Prima facie case – Cumulative requirements (Arts 225(1) EC, 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 10-12)

2.                     Applications for interim measures – Conditions governing admissibility – Admissibility of main application – Not relevant – Limits (Art. 242 EC; Rules of Procedure of the Court of First Instance, Art. 104(1), first subpara.) (see paras 14, 16)

3.                     Applications for interim measures – Suspension of operation – Interim relief – Conditions of grant – Serious and irreparable damage (Arts 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 36-38)

Re:

APPLICATION for suspension of the operation of Article 1(1) and (2)(b), together with recitals 28 to 31 and 250 to 252, of Commission Regulation (EC) No 553/2006 of 23 March 2006 imposing a provisional anti-dumping duty on imports of certain footwear with uppers of leather originating in the People’s Republic of China and Vietnam (OJ 2006 L 98, p. 3), in so far as they exempt children’s shoes from the anti-dumping measures imposed by the regulation in question.

Operative part

The Court:

1.

Dismisses the application for interim measures;

2.

Reserves the costs.