Order — ECLI:EU:C:2002:126
Date: 2002-02-27
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Competition;Agreements, decisions and concerted practices;Anti-discrimination;Non-discrimination on grounds of nationality
Concepts: Application for interim measures: suspension of operation of the contested measure and other interim measures
Procedure: Action for annulment;Appeal - decision unnecessary
Origin: Germany

Summary of the Order 
Applications for interim measures — Suspension of a measure — Interim relief — 
Conditions for granting — Serious and irreparable harm — Applicant's interest in 
obtaining the suspension sought 
(Arts 242 EC and 243 EC) 
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SUMMARY — CASE C-477/01 P(R) 
The judge hearing an application for 
interim relief may order suspension of 
operation of an act or other interim meas­
ures only if it is established, inter alia, that 
such an order is urgent inasmuch as, in 
order to avoid serious and irreparable harm 
to the applicant's interests, it must be made 
and produce its effects before a decision is 
reached in the main action. Interim meas­
ures which would not serve to prevent the 
serious and irreparable harm feared by the 
applicant cannot a fortiori be necessary for 
that purpose. If the applicant does not have 
any interest in obtaining the interim meas­
ures sought, those measures cannot, there­
fore, satisfy the criterion of urgency. 
The adoption of a final decision in a 
proceeding applying the competition rules 
has the effect of nullifying any interest the 
person concerned had in pursuing an 
application for interim measures, seeking 
the suspension of operation of an act under 
that proceeding and of the proceeding 
against it. 
(see paras 23-26) 
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