Order – 1. As a condition for the grant of an interim measure suspending the operation of a decision, article 83(2) of the rules of procedure requires that an application for such a measure must state the factual and legal grounds establishing a prima facie case for the interim measure applied for and the circumstances giving rise to urgency. The urgency required in regard to an application for interim measures must be assessed in the light of the need to adopt such measures in order to avoid serious and irreparable damage to the party requesting those measures.
2. The issue of the admissibility of the main application should not, in principle, be examined in proceedings relating to an application for interim measures but should be reserved for the examination of the main application so as not to prejudge the substance of the case; however, where an objection is raised that the main application to which the application for interim measures is an adjunct is manifestly inadmissible, it is necessary to establish the existence of certain factors which support the conclusion that the main application is prima facie admissible.
Citations:
C-82/87, [1987] EUECJ C-82/87R
Links:
Jurisdiction:
European
Litigation Practice
Updated: 22 May 2022; Ref: scu.134198
