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Document 62007TO0375

Order of the President of the Court of First Instance of 7 January 2008.
Rosario Maria Pellegrini v Commission of the European Communities.
Interim measures - Non-contractual liability of the Community - Commission’s failure to act - Provisional payment of damages sought in main proceedings - No prima facie case.
Case T-375/07 R.

European Court Reports 2008 II-00001*

ECLI identifier: ECLI:EU:T:2008:3





Order of the President of the of the Court of First Instance of 7 January 2008 – Pellegrini v Commission

(Case T-375/07 R)

Interim measures – Non-contractual liability of the Community – Commission’s failure to act – Provisional payment of damages sought in main proceedings – No prima facie case

1.                     Applications for interim measures – Interim measures – Conditions for granting – Prima facie case – Urgency – Cumulative nature – Balancing of all the interests involved (Arts 225 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 11-14)

2.                     Procedure – Application initiating proceedings – Formal requirements (Rules of Procedure of the Court of First Instance, Arts 44(1)(c) and 104(3)) (see para. 15)

Re:

REQUEST that the Commission be ordered to pay compensation, on a provisional basis, for the financial damage allegedly suffered by the applicant because of the Commission’s failure to ensure full application and correct interpretation of the provisions of Community law governing the activities of financial intermediaries.

Operative part

The Court:

1.

Dismisses the application for interim measures;

2.

Reserves the costs.

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