Keywords
Summary

Keywords

1. Applications for interim measures — Conditions for admissibility — Admissibility of the main action — Irrelevant — Limits — (Arts 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(1))

2. Applications for interim measures — Provisional measures — Conditions for granting — Urgency — Serious and irreparable damage — Standard of proof — (Rules of Procedure of the Court of First Instance, Art. 104(2))

Summary

1. The issue of the admissibility of the main action should, in principle, not be examined in relation to an application for interim measures, for fear of prejudging the substance of the case. Nevertheless, where it is contended that the main action to which the application for interim measures relates is manifestly inadmissible, it may prove necessary to establish whether there are any grounds for concluding prima facie that the main action is admissible.

see para. 55

2. The urgency of an application for interim measures must be assessed in relation to the necessity for an order granting relief in order to prevent serious and irreparable damage to the party requesting the interim measure. It is for the party who pleads serious and irreparable damage to prove its existence. It does not have to be established with absolute certainty that the harm is imminent. It is sufficient that the harm in question, particularly when it depends on the occurrence of a number of factors, should be foreseeable with a sufficient degree of probability.

see paras 94-95