Keywords
Subject of the case
Operative part

Keywords

Applications for interim measures – Suspension of the operation of a measure – Interim relief – Conditions for granting – Urgency – Prima facie case – Cumulative conditions (Arts 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see para. 35)

2. Applications for interim measures – Conditions governing admissibility – Admissibility of main application – Not relevant – Limits (Arts 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(1)) (see para. 44)

3. Applications for interim measures – Suspension of the operation of a measure – Interim relief – Conditions for granting – Urgency – Serious and irreparable damage – Burden of proof – Weighing-up of all the interests at stake (Arts 242 EC and 243 EC) (see paras 50-52)

Subject of the case

Re:

Suspension of the operation, first, of the Commission’s decision contained in its letter of 5 October 2005 to offset debts to the detriment of the applicant; secondly, of the Commission’s decision contained in its letter of 30 August 2005 and, thirdly, of the debit note of 23 August 2005, No 3240705638

Operative part

Operative part

The Court:

1. Dismisses the application for interim measures;

2. Reserves the costs.