Order of the President of the Court of 3 April 2007 – Vischim v Commission

(Case C-459/06 P(R))

Appeal – Interim measures – Application for suspension of operation – Directive 91/414/EEC – Fresh application for interim measures – New facts – Urgency – None

1.                     Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – ‘Prima facie case’ – Urgency – Serious and irreparable damage – Cumulative nature – Balancing of the interests involved (Arts 242 EC and 243 EC; Rules of Procedure of the Court, Art. 83(2); Rules of Procedure of the Court of First Instance, Art. 109) (see para. 23)

2.                     Appeals – Grounds – Mistaken assessment of the facts – Inadmissibility – Review by the Court of the assessment of the evidence – Possible only where the clear sense of the evidence has been distorted (Art. 225 EC; Statute of the Court of Justice, Art. 58) (see paras 31-32)

Re:

Operative part