ECJ Application for interim measures – suspension of operation of a measure -interim measures – conditions for granting – weighing up all the interests concerned (EEC treaty, arts 185 and 186; rules of procedure, art. 83 (2)). Suspension of operation and other interim measures cannot be considered unless the factual and legal circumstances relied upon to obtain them establish a prima facie case for granting them. In addition there must be urgency in the sense that it is necessary for the measures to be issued and to take effect before the decision of the court on the substance of the case in order to avoid serious and irreparable damage to the party seeking them. Finally, they must be provisional in the sense that they do not prejudge the decision on the substance of the case.
Citations:
C-258/84
European
Updated: 11 April 2022; Ref: scu.133979