Order — ECLI:EU:T:2002:327
Date: 2002-12-19
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Concepts: Application for interim measures: suspension of operation of the contested measure and other interim measures
Procedure: Staff cases;Application for interim measures - unfounded;Action for damages

SUMMARY — CASE T-320/02 R 
Summary 
Applications for interim measures - Interim measures - Conditions for granting 
- Burden of proof - Serious and irreparable damage - Circumstances in which 
non-material damage cannot be remedied more satisfactorily by means of interim 
relief than by a ruling on the substance - No serious and irreparable damage 
(Art. 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) 
The purpose of the procedure for interim relief is not to ensure that damage is made 
good but to ensure that the judgment on the substance takes full effect. In order to 
attain that objective the relief sought must be urgent in the sense that, in order to 
avoid serious and irreparable damage to the interests of the applicant, it must be 
ordered and produce its effects before decision is reached in the main action. It is 
for the party seeking interim measures to prove that it cannot wait for the outcome 
of the main proceedings without suffering damage of that nature. 
(see paras 27-33) 
See: T-19/91 R Vichy v Commission [1991] ECR II-265, para. 19; T-24/93 R CMBT v 
Commission [1993] ECR II-543, para. 34; T-496/93 Allo v Commission [1995] ECR-SC 
I-A-127 and II-405, para. 90; T-395/94 R II Atlantic Containerand Others v Commission 
[1995] ECR II-2893, para. 39; T-211/98 R Willeme v Commission [1999] ECR-SC I-A-15 
and II-57, para. 43; confirmed on appeal in C-65/99 P(R) Willeme v Commission [1999] 
ECR I-1857; T-300/01 R De Nicola v EIB [2002], not published in the ECR, para. 52; 
T-198/02 R N v Commission [2002] ECR-SC I-A-145 and II-763, para. 50; T-236/02 R 
Marcuccio v Commission [2002] ECR-SC I-A-181 and II-941, para. 35 
I-A - 326