Order — ECLI:EU:T:2001:179
Date: 2001-07-05
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Agriculture and Fisheries;Animal feedingstuffs
Concepts: Application for interim measures: suspension of operation of the contested measure and other interim measures;General
Procedure: Action for annulment;Application for interim measures - inadmissible
Origin: Spain

Summary of the Order 
1. Applications for interim measures — Conditions for admissibility — Admissibility of 
the main action — Irrelevant — Limits 
(Arts 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art 
104(1)) 
II - 1933 
SUMMARY — CASE T-55/01 R 
2. Actions for annulment — Actionable measures — Definition — Measures producing 
binding legal effects — Preparatory acts — Not actionable 
(Art. 230 EC; Council Directive 70/524) 
1. In principle the issue of the admissi­
bility of the main application should 
not be examined in proceedings relat­
ing to an application for interim relief, 
so as not to prejudge the substance of 
the case. It may nevertheless be found 
necessary, when it is contended that the 
main application to which the applica­
tion for interim relief relates is mani­
festly inadmissible, to establish whe­
ther there are any grounds for conclud­
ing prima facie that the main applica­
tion is admissible. 
(see para. 51) 
2. Only measures producing binding legal 
effects of a nature such as to affect the 
interests of the applicant by bringing 
about a distinct change in his legal 
position constitute acts or decisions, 
which may be the subject of an appli­
cation for annulment under Article 230 
EC. 
In the case of acts or decisions adopted 
by a procedure involving several stages, 
in particular where they are the culmi­
nation of an internal procedure, only 
measures definitively establishing the 
position of the institution on the con­
clusion of that procedure, and not 
provisional measures intended to pave 
the way for the final decision, may be 
the subject of an action for annulment. 
The procedure for obtaining Commu­
nity authorisation for an additive used 
in feedingstuffs, referred to in Article 4 
of Directive 70/524 concerning addi­
tives in feedingstuffs, comprises several 
stages and the postponement until a 
subsequent meeting of the expression 
of an opinion on the safety of a product 
does not constitute a measure defini­
tively establishing the Commission's 
position. 
(see paras 61-62, 67) 
II - 1934