Keywords
Summary

Keywords

1. Applications for interim measures - Suspension of operation of a measure - Interim relief - Variation or cancellation - Condition - Change in circumstances - Meaning

(Rules of Procedure of the Court of First Instance, Art. 108)

2. Applications for interim measures - Suspension of operation of a measure - Interim relief - Res judicata - Limits

(Rules of Procedure of the Court of First Instance, Art. 108)

3. Applications for interim measures - Suspension of operation of a measure - Interim relief - Variation or cancellation - Order made in interim relief proceedings not challenged within the time-limit - No effect as regards the right to make an application under Article 108 of the Rules of Procedure of the Court of First Instance

(Rules of Procedure of the Court of First Instance, Art. 108)

Summary

1. The term change in circumstances in Article 108 of the Rules of Procedure of the Court of First Instance is to be interpreted as covering the occurrence of any factual or legal matter such as to call into question the assessment by the judge who heard the application with regard to the conditions which are to be met if the operation of an act is to be suspended or other interim relief is to be granted. The scope of that term cannot be limited to the coming to light of circumstances of a factual nature or of new facts.

( see paras 63-64 )

2. The Court of First Instance errs in law when, in interim relief proceedings, it accords to an interim order the binding force of a judgment or an order disposing of an action, for the very reason that it may be asked at any time, pursuant to Article 108 of the Rules of Procedure of the Court of First Instance, to vary or cancel its order on account of a change in the circumstances which prevailed when it was made.

( see paras 66, 70 )

3. The Court of First Instance errs in law when, in interim relief proceedings, it holds that to allow a party to apply for cancellation of an order against which it has knowingly decided not to bring an appeal would undermine the principle of legal certainty. There cannot be a risk of an application made under Article 108 of the Rules of Procedure of the Court of First Instance replacing an appeal since those two legal remedies can be distinguished by their purpose, by their effects and by the conditions governing their application.

( see paras 67-69 )