Order — ECLI:EU:T:2006:5
Date: 2006-01-10
Language of the case: French
Court formation: President of the Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Research and technological development
Concepts: Application for interim measures: suspension of operation of the contested measure and other interim measures
Procedure: Arbitration clause;Application for interim measures - unfounded
Origin: France

Order of the President of the Court of First Instance of 10 January 2006 – ArchiMEDES v Commission (Case T-397/05 R) Interim proceedings – Application for interim measures – Arbitration clause –Urgency – None 1. Applications for interim measures – Suspension of the operation of a measure – Interim relief – Conditions for granting – Urgency – Prima facie case – Cumulative conditions (Arts 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see para. 35) 2. Applications for interim measures – Suspension of the operation of a measure – Interim relief – Conditions for granting – Urgency – Serious and irreparable damage – Burden of proof – Weighing-up of all the interests at stake (Arts 242 EC and 243 EC) (see paras 40-42) Re: Suspension of the operation, first, of the Commission’s decision contained in its letter of 5 October 2005 to offset debts to the detriment of the applicant; secondly, of the Commission’s decision contained in its letter of 30 August 2005 and, thirdly, of the debit note of 23 August 2005, No 3240705638 Operative part The Court: 1. Dismisses the application for interim measures; 2. Reserves the costs.