ECJ Vinous alcohol – Special sale by tender. Application for interim measures – Interim measures – Conditions for granting – Serious and irreparable damage – Financial damage – Damage which cannot be wholly recouped – Weighing up of all the interests in question (EEC Treaty, Art. 186; Rules of Procedure, Art. 83(2)) The urgency of an application for interim measures must be assessed in relation to the necessity for an order granting interim relief in order to prevent serious and irreparable damage to the party requesting the interim measures. Damage of a financial nature is not in principle considered to be serious and irreparable unless it could not be wholly recouped if the applicant were to be successful in the main action. Even assuming that the alleged damage could not be made good entirely by an award of damages, the commercial interests which the applicant seeks to protect should be weighed against the interests of the Community.
Citations:
C-358/90
Statutes:
EEC Treaty 186, Rules of Procedure 83(2)
Cited by:
See Also – Compagnia Italiana Alcool v Commission ECJ 7-Apr-1992
ECJ The urgency of an application for interim measures must be assessed in relation to the necessity for an order granting interim relief in order to prevent serious and irreparable damage to the party requesting . .
Lists of cited by and citing cases may be incomplete.
European, Litigation Practice
Updated: 08 May 2022; Ref: scu.160608
