Order of the President of the Court of First Instance of 19 February 2008 – CPEM v Commission

(Case T-444/07 R)

Interim measures – Application for stay of execution – Submission of the application – Inadmissibility – Association – Financial loss – Lack of urgency

1.                     Applications for interim measures – Conditions of admissibility – Application – Formal requirements (Arts 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2) and (3)) (see paras 24-25, 30-33)

2.                     Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Urgency – Serious and irreparable damage – Financial loss – Situation which could jeopardise the existence of the applicant company (Art. 242 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 36-43)

3.                     Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Urgency – Serious and irreparable damage (Art. 242 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 50-52)

Re:

APPLICATION for stay of execution of debit note No 3240912189 of 17 December 2007 relating to Commission Decision C(2007) 4645 of 4 October 2007 cancelling the assistance from the European Social Fund (ESF) granted to CPEM by Decision C(1999) 2645 of 17 August 1999.

Operative part

The Court:

1.

Dismisses the application for interim measures;

2.

Reserves the costs.