ECJ (Order) 1. In principle, the issue of the admissibility of the main application should not be examined in proceedings relating to an application for interim measures, so as not to prejudge the substance of the case. However, where the contention is that the main application is manifestly inadmissible, the judge hearing the application for interim measures must establish whether there is a prima facie case for finding that there is a certain probability that the main application is admissible.
2. In view both of the essential place which the institutional rules governing the allocation of powers between the various Community institutions must be recognized as occupying in the Community legal order and of the role which the Member States play therein, involving participation in the exercise of legislative and budgetary powers and contribution to the Community budget, the use by the Commission of Community funds for measures which lack a proper legal basis because they have not been authorized by the Council would be such as to cause a Member State serious and irreparable damage justifying the granting of interim measures.
3. When the judge hearing an application for interim measures balances the applicant’ s interest in preventing the procedures initiated by the decisions whose annulment it seeks from being carried through against the defendant’ s interest in expediting those procedures, he must examine whether the possible annulment of the contested decisions by the Court hearing the main action would make it possible to reverse the situation and conversely to what extent each of the various possible interim measures would be such as to prevent the aims of the contested decisions from being achieved in the event of the main application being dismissed.
Citations:
C-239/96, [1996] EUECJ C-239/96R
Links:
European
Updated: 03 June 2022; Ref: scu.161913