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Application for interim measures - Suspension of operation of a measure - Interim measures - Conditions for granting - Serious and irreparable damage to the applicant
(EEC Treaty, Arts 185 and 186; Rules of Procedure, Art. 83(2) )
The urgency of an application for suspension or for interim measures must be assessed in relation to the necessity for an order granting interim relief in order to prevent serious and irreparable damage to the party requesting the suspension or interim measures. That party must prove that it cannot wait until the conclusion of the proceedings on the substance without suffering damage which would have serious and irreparable consequences for it.
It is not established that, in the absence of interim measures, an applicant who is disputing the legality of a decision by the Commission which authorizes the grant by a Member State of regional aids which will benefit one of its competitors may suffer serious and irreparable damage where the proceedings on the substance are expected to be concluded before the major part of the aid will, in view of the phasing of the payments, be made available to the beneficiary and before the alleged risk of disturbance of the market will arise.