Order — ECLI:EU:C:2002:95
Date: 2002-02-14
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Approximation of laws
Concepts: Application for interim measures: suspension of operation of the contested measure and other interim measures
Procedure: Action for annulment;Appeal - successful;Application for interim measures
Origin: Germany

Summary of the Order 
1. Applications for interim measures — Suspension of operation of a measure — 
Interim relief — Variation or cancellation — Condition — Change in circum­
stances — Meaning 
(Rules of Procedure of the Court of First Instance, Art. 108) 
2. Applications for interim measures — Suspension of operation of a measure — 
Interim relief — Res judicata — Limits 
(Rules of Procedure of the Court of First Instance, Art. 108) 
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SUMMARY — CASE C-440/01 P(R) 
3. Applications for interim measures — Suspension of operation of a measure — 
Interim relief — Variation or cancellation — Order made in interim relief proceed­
ings not challenged within the time-limit — No effect as regards the right to make an 
application under Article 108 of the Rules of Procedure of the Court of First Instance 
(Rules of Procedure of the Court of First Instance, Art. 108) 
1. The term 'change in circumstances' in 
Article 108 of the Rules of Procedure 
of the Court of First Instance is to be 
interpreted as covering the occurrence 
of any factual or legal matter such as to 
call into question the assessment by the 
judge who heard the application with 
regard to the conditions which are to 
be met if the operation of an act is to be 
suspended or other interim relief is to 
be granted. The scope of that term 
cannot be limited to the coming to light 
of circumstances of a factual nature or 
of 'new facts'. 
(see paras 63-64) 
2. The Court of First Instance errs in law 
when, in interim relief proceedings, it 
accords to an interim order the binding 
force of a judgment or an order dispos­
ing of an action, for the very reason 
that it may be asked at any time, 
pursuant to Article 108 of the Rules 
of Procedure of the Court of First 
Instance, to vary or cancel its order 
on account of a change in the circum­
stances which prevailed when it was 
made. 
(see paras 66, 70) 
3. The Court of First Instance errs in law 
when, in interim relief proceedings, it 
holds that to allow a party to apply for 
cancellation of an order against which 
it has knowingly decided not to bring 
an appeal would undermine the prin­
ciple of legal certainty. There cannot be 
a risk of an application made under 
Article 108 of the Rules of Procedure 
of the Court of First Instance replacing 
an appeal since those two legal 
remedies can be distinguished by their 
purpose, by their effects and by the 
conditions governing their application. 
(see paras 67-69) 
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