Judgment — ECLI:EU:T:2001:105
Date: 2001-03-28
Language of the case: French
Court formation: Second Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Competition;Agreements, decisions and concerted practices;Consumer protection;Approximation of laws
Concepts: Matters covered;Rights of the defence and procedural guarantees;Restriction of competition;Conditions for exemption
Procedure: Action for annulment - unfounded;Action for annulment - successful
Origin: Germany

Summary of the Order 
Applications for interim measures — Suspension of operation of a measure — Interim 
measures — Conditions for granting — Urgency — Serious and irreparable damage — 
Burden of proof 
(Arts 242 and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) 
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SUMMARY — CASE T-144/99 R 
The urgency of an application for interim 
measures must be assessed in relation to the 
necessity for an interim order to prevent 
serious and irreparable damage to the party 
applying for those measures. It is for the 
party seeking suspension of the operation 
of an act to prove that it cannot wait for the 
outcome of the main proceedings without 
suffering damage of that kind. 
In order be able to determine whether the 
damage which the applicant fears is serious 
and irreparable and therefore provides 
grounds for, exceptionally, disapplying the 
contested decision, the judge hearing the 
application must have hard evidence allow­
ing him to determine the precise conse­
quences which the absence of the measures 
applied for would in all probability entail. 
(see paras 42-43) 
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