Keywords
Summary

Keywords

1. Applications for interim measures - Suspension of operation of a measure - Conditions for granting - Serious and irreparable damage - Breach by the contested directive of a higher-ranking legal rule - Criterion not automatically met

(Art. 242 EC)

2. Applications for interim measures - Suspension of operation of a measure - Interim measures - Conditions for granting - Serious and irreparable damage - Burden of proof

(Art. 242 EC)

Summary

1. Whilst a breach of a higher-ranking legal rule may affect the validity of a directive, it cannot in principle be sufficient on its own to establish that any damage caused is serious and irreparable, thereby meeting one of the criteria for suspension of operation of the directive. It is not enough to allege infringement of fundamental rights in the abstract for the purposes of establishing that the harm which could result would necessarily be irreparable.

( see para. 45 )

2. Whilst it is true that, for the purposes of establishing the existence of serious and irreparable damage in proceedings for interim measures, it is not necessary to prove beyond all possible doubt that the damage in question will arise, and although it is enough to show that it is sufficiently likely to occur, the applicant is nevertheless required to prove the facts on the basis of which it is alleged that such serious and irreparable damage is foreseeable.

( see para. 51 )