Order of the President of the Court of First Instance of 2 May 2007 – IPK International–World Tourism Marketing Consultants v Commission
(Case T-297/05 R)
(Interim measures – Article 256 EC – Subject-matter of the application – Admissibility – Lack of urgency)
1. 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)
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
The Court:
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Dismisses the application for interim measures; |
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Reserves the costs. |