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Document 61994TO0185

    Povzetek sklepa

    Keywords
    Summary

    Keywords

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    Application for interim measures ° Suspension of operation of a measure ° Interim measures ° Conditions for granting ° Serious and irreparable damage ° Financial damage

    (EC Treaty, Arts 185 and 186; Rules of Procedure of the Court of First Instance, Art. 104(2))

    Summary

    The urgency of an application for interim measures under Article 104(2) of the Rules of Procedure of the Court of First Instance must be assessed in relation to the necessity for an interim order to prevent serious and irreparable damage to the party applying for the interim measure. It is for that party to prove that it cannot wait for the outcome of the main proceedings without suffering damage that would entail serious and irreparable consequences.

    Damage of a purely financial nature, such as that suffered by an applicant for interim measures as a result of being denied the possibility of obtaining a contract under a Community programme, cannot in principle be regarded as irreparable, or even as being reparable only with difficulty, if it can ultimately be the subject of financial compensation.

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