Keywords
Summary

Keywords

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1 . Application for interim measures - Interim measures - Conditions for grant - Serious and irreparable damage - Pecuniary damage

( EEC Treaty, Art . 186; Rules of Procedure, Art . 83(2 ) )

2 . Application for interim measures - Interim measures - Conditions for grant - Lodging of security

( EEC Treaty, Art . 186; Rules of Procedure, Art . 86(2 ) )

Summary

1 . The urgency of an application for interim measures, as referred to in Article 83(2 ) of the Rules of Procedure, must be assessed in relation to the necessity for an order granting relief in order to prevent serious and irreparable damage by the immediate application of the measure which is the subject of the main proceedings .

Although, in principle, pecuniary damage is not to be regarded as irreparable, the position may be different in exceptional circumstances where pecuniary compensation cannot restore the injured person to the position prior to the occurrence of the damage .

2 . The lodging of security as a condition for the grant of interim relief applied for pursuant to Article 86(2 ) of the Rules of Procedure, can be contemplated only if the party against which it is ordered is liable for the sums which the security is intended to cover and there is a risk of that party' s insolvency . There is no such risk in the event of the Community being liable for the said sums .