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 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, [1990] EUECJ C-358/90R
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Citing:
See Also – Compagnia Italiana Alcool Sas di Mario Mariano and Co v Commission of the European Communities ECJ 19-Dec-1990
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 . .
Lists of cited by and citing cases may be incomplete.
European
Updated: 01 June 2022; Ref: scu.160607