ECJ Application for interim measures – suspension of the operation of a measure – interim measures – conditions for granting (rules of procedure, art. 83 (2)). Suspension of operation and other interim measures may be granted by the judge ruling on the application for interim measures if it is shown that there are factual and legal grounds establishing a prima facie case for them (fumus boni juris); if they are urgent, in the sense that it is necessary, in order to avoid serious and irreparable damage, for them to be adopted and produce their effects before the decision on the application for annulment; and finally, if they are provisional, that is, if they are without prejudice to the decision on the substance of the case and if they do not already decide the issues of law or of fact in dispute, or neutralize in advance the consequences of the decision to be given later in the main proceedings.
Citations:
C-292/84, [1984] EUECJ C-292/84R
Links:
Jurisdiction:
European
Cited by:
See Also – Hartmut Scharf v Commission ECJ 21-Oct-1986
. .
See Also – F Bolognese and others v H Scharf and Commission of the European Communities ECJ 22-Sep-1987
1. Procedure – third-party proceedings – conditions of admissibility – prejudice to the rights of the third party.
(statute of the court of justice of the EEC Art 39; rules of procedure, art 97 (1))
2. Officials – staff regulations – . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 22 May 2022; Ref: scu.134002