Keywords
Subject of the case
Operative part

Keywords

Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – ‘Prima facie case’ – Urgency – Cumulative nature – Order of examination and method of verification – Discretion of the judge dealing with the application for interim relief (Arts 225 EC, 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 23-26)

2. Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Urgency – Serious and irreparable damage – Financial loss – Burden of proof – Realisation of the damage depending on future and uncertain events (Art. 242 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 35, 43-47)

3. Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Urgency – Serious and irreparable damage – Financial loss – Uncertainty concerning reparation of the damage in the context of a possible action for damages (Art. 242 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see para. 42)

4. Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Urgency – Serious and irreparable damage – Financial loss – Substantial and irreversible alteration of market conditions – Criteria for assessment – Burden of proof (Art. 242 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 48-51)

Subject of the case

Re:

APPLICATION for suspension of operation of Article 4(2) of Commission Decision C(2008) 3435 final of 16 July 2008 relating to a proceeding under Article 81 EC and Article 53 of the EEA Agreement (Case COMP/C2/38.698 – CISAC).

Operative part

Operative part

The Court:

1. Dismisses the application for interim measures;

2. Reserves the costs.