++++
Applications for interim measures ° Interim measures ° Conditions for granting ° Serious and irreparable damage ° Damage strictly pecuniary
(EEC Treaty, Art. 186; Rules of Procedure of Court of First Instance, Art. 104(2))
The urgent nature of an application for interim measures under Article 104(2) of the Rules of Procedure of the Court of First Instance must be assessed by reference to the need for an interim ruling in order to avoid serious and irreparable damage to the party seeking the interim measure.
In this connection, in principle, purely pecuniary damage cannot be regarded as irreparable or even as difficult to repair since ex hypothesi it may be the subject of subsequent financial compensation. However, it is for the judge hearing the application for interim measures to assess the factors which, in the particular circumstances of each case, are such as to establish whether the absence of the interim measures sought is likely to expose the applicant to the risk of damage which cannot be repaired even if the contested measures are subsequently annulled in the main proceedings.