Order — ECLI:EU:T:2004:204
Date: 2004-07-02
Language of the case: English
Court formation: President of the Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Environment;Public health
Concepts: Application for interim measures: suspension of operation of the contested measure and other interim measures
Procedure: Action for annulment;Application for interim measures - unfounded;Application for interim measures - inadmissible;Action for damages
Origin: United Kingdom

Summary of the Order 1. Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency – Prima faciecase – Interest of the applicant in obtaining the measure sought (Arts 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) 2. Applications for interim measures – Conditions of admissibility – Admissibility of main application – Irrelevance – Limits (Arts 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(1)) 3. Applications for interim measures – Conditions of admissibility – Application – Formal requirements – Precise indication of the subject-matter of the application (Rules of Procedure of the Court of First Instance, Arts 44(1)(d) and 104(3)) 1. Article 104(2) of the Rules of Procedure of the Court of First Instance provides that an application for interim measures must specify the subject-matter of the dispute, the circumstances giving rise to urgency and the pleas of fact and law establishing a prima facie case for the interim measures applied for. An applicant must also establish an interest in obtaining the measures sought. (see paras 22, 52) 2. The issue of the admissibility of the main application should not generally be examined in proceedings relating to an application for interim measures, so as not to prejudge the substance of the case. However, it may be necessary, where it is contended that the main application to which the application for interim measures relates is manifestly inadmissible, to establish whether there are any grounds for concluding prima facie that the main application is admissible. (see para. 23) 3. An application which does not specify its subject-matter does not meet the criteria laid down in Article 44(1)(d) of the Rules of Procedure of the Court of First Instance to which Article 104(3) of those rules refers and is thus inadmissible. (see para. 50)