Keywords
Summary

Keywords

1. Applications for interim measures — Suspension of operation of a measure — Interim measures — Conditions for granting — Negative administrative decision — (Arts 242 EC and 243 EC)

2. Applications for interim measures — Suspension of operation of a measure — Interim measures — Conditions for granting — Urgency — Serious and irreparable harm — Burden of proof — Occurrence of harm depending on future and uncertain events — (Arts 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2))

Summary

1. In principle, there can be no application to suspend the operation of a negative administrative decision, since the granting thereof cannot have the effect of changing the position of the applicant.

see para. 58

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 harm to the party requesting the interim measure. It is for the party who pleads serious and irreparable harm 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 where it depends on the occurrence of a number of factors, should be foreseeable with a sufficient degree of probability.

However, damage which is purely hypothetical in so far as it is based on the occurrence of future and uncertain events cannot justify granting the interim measures requested.

see paras 62-65