ddrg/super_eurlex huggingface dataset:
Order of the Court (Second Chamber) of 1 July 1981. - Ireks-Arkady GmbH v European Economic Community. - Case 238/78.



European Court reports 1981 Page 01723



Parties

Subject of the case

Grounds

Operative part



Parties

IN CASE 238/78 ,

IREKS-ARKADY GMBH ,

APPLICANT ,

V

EUROPEAN ECONOMIC COMMUNITY ,

REPRESENTED BY ITS INSTITUTIONS :

1 . COUNCIL OF THE EUROPEAN COMMUNITIES ,

2 . COMMISSION OF THE EUROPEAN COMMUNITIES ,

DEFENDANT ,

Subject of the case

APPLICATION RELATING TO THE TAXATION OF RECOVERABLE COSTS ,

Grounds

1 ACCORDING TO ARTICLE 73 ( B ) OF THE RULES OF PROCEDURE OF THE COURT , THE FOLLOWING ARE TO BE REGARDED AS RECOVERABLE COSTS . . . ' ' EXPENSES NECESSARILY INCURRED BY THE PARTIES FOR THE PURPOSE OF THE PROCEEDINGS , IN PARTICULAR THE TRAVEL AND SUBSISTENCE EXPENSES AND THE REMUNERATION OF AGENTS , ADVISERS OR LAWYERS . ' '

2 AS THE COMMISSION HAS CORRECTLY OBSERVED , THE COURT IS NOT CALLED UPON TO TAX THE FEES DUE BY THE PARTIES TO THEIR OWN LAWYERS BUT TO DETERMINE THE EXTENT TO WHICH SUCH REMUNERATION MAY BE RECOVERED FROM THE PARTY ORDERED TO BEAR THE COSTS . IT FOLLOWS THAT THE COURT IS NOT REQUIRED TO HAVE REGARD TO A NATIONAL SCALE FIXING LAWYERS ' FEES .

3 AS COMMUNITY LAW HAS NOT LAID DOWN ANY PROVISIONS IN THE NATURE OF A SCALE , THE COURT MUST UNDERTAKE A FREE APPRECIATION OF THE FACTS OF THE DISPUTE HAVING REGARD TO ITS OBJECT AND NATURE , ITS IMPORTANCE FROM THE POINT OF VIEW OF COMMUNITY LAW AND THE DIFFICULTIES OF THE PROCEEDINGS , THE AMOUNT OF WORK WHICH THE LITIGATION MAY HAVE CAUSED THE LAWYER AND WHAT THE DISPUTE MAY HAVE MEANT TO THE PARTIES IN FINANCIAL TERMS .

4 AS REGARD THIS CASE , ACCOUNT MUST ALSO BE TAKEN ON THE ONE HAND OF THE FACT THAT CERTAIN OF THE LEGAL PROBLEMS WERE IDENTICAL TO THOSE IN JOINED CASES 241 AND 242 , 246 TO 249/78 , DGV , AND TO THOSE IN CASE 250/78 , CONTIFEX , AND THAT THE APPLICANTS IN ALL THESE CASES WERE REPRESENTED BY THE SAME LAWYERS AND , ON THE OTHER HAND , THAT THIS CASE ALSO PRESENTS PROBLEMS WHICH ARE PECULIAR TO IT .

5 REGARD BEING HAD TO THESE CONSIDERATIONS , IT IS APPROPRIATE IN THIS INSTANCE TO DETERMINE THE RECOVERABLE COSTS AT DM 20 000 PLUS POSTAL , TELEPHONE , TELEX AND PHOTOCOPYING CHARGES . AS THE ORAL PROCEDURE IN THIS CASE TOOK PLACE ON THE SAME DAY AS THAT IN THE DGV CASES AND AS TRAVELLING EXPENSES HAVE BEEN AWARDED BY ORDER OF 1 JULY 1981 IN THOSE CASES THERE ARE NO GROUNDS FOR AWARDING SUCH EXPENSES IN THIS ORDER .

6 IN VIEW OF THE FACT THAT THE COURT , IN DETERMINING THE COSTS TO BE RECOVERED , HAS TAKEN ACCOUNT OF ALL THE CIRCUMSTANCES OF THE CASE UNTIL THE DATE OF DETERMINATION , THE APPLICANT ' S CLAIM FOR DEFAULT INTEREST FROM THE LODGING OF ITS APPLICATION FOR THE TAXATION OF COSTS MUST BE DISMISSED .

Operative part

ON THOSE GROUNDS ,

THE COURT ( SECOND CHAMBER )

HEREBY ORDERS AS FOLLOWS :

THE COSTS TO BE REIMBURSED BY THE DEFENDANT TO THE APPLICANT ARE FIXED AT THE SUM OF DM 20 000 PLUS POSTAL , TELEX AND PHOTOCOPYING CHARGES .
Keywords

Summary



Keywords

1 . OFFICIALS - APPLICATIONS TO THE COURT - APPLICATION CONTESTING A REGULATION - INADMISSIBLE

( EEC TREATY , ART . 173 AND EAEC TREATY , ART . 146 ; STAFF REGULATIONS OF OFFICIALS , ARTS 90 AND 91 ; COUNCIL REGULATIONS NO 3085/78 AND NO 3086/78 AMENDING THE STAFF REGULATIONS )

2 . OFFICIALS - CLAIMS FOR DAMAGES - INDEPENDENT OF APPLICATIONS FOR ANNULMENT - RESTRICTIONS

Summary

1 . AN ACTION FOR THE ANNULMENT OF COUNCIL REGULATIONS NO 3085/78 AND NO 3086/78 IS INADMISSIBLE , SINCE THE REGULATIONS IN QUESTION ARE OF GENERAL APPLICATION AND CANNOT BE ASSIMILATED TO DECISIONS WHICH , ALTHOUGH TAKEN IN THE FORM OF REGULATIONS , ARE OF DIRECT AND INDIVIDUAL CONCERN TO THE APPLICANTS .

2 . A PARTY MAY TAKE ACTION BY MEANS OF A CLAIM FOR DAMAGES WITHOUT BEING OBLIGED TO SEEK THE ANNULMENT OF THE ILLEGAL MEASURE WHICH CAUSES HIM DAMAGE . HOWEVER , HE MAY NOT BY THIS MEANS SEEK TO ACHIEVE A RESULT SIMILAR TO THAT OF THE ANNULMENT OF THE MEASURE WHEN AN APPLICATION FOR ITS ANNULMENT WOULD BE INADMISSIBLE .
Keywords



Keywords

APPLICATION FOR THE ADOPTION OF INTERIM MEASURES - SUSPENSION OF OPERATION - MAIN ACTION DECLARED INADMISSIBLE BY REASONED ORDER - INADMISSIBILITY OF THE APPLICATION FOR THE ADOPTION OF INTERIM MEASURES

( RULES OF PROCEDURE , ARTS 83 ( 2 ) AND 92 ( 1 ))
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++++

PROCEDURE - COSTS - NO NEED TO GIVE A DECISION

( RULES OF PROCEDURE, ART . 69 ( 5 )*)
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APPLICATION FOR THE ADOPTION OF INTERIM MEASURES - SUSPENSION OF OPERATION OF A DECISION IMPOSING A FINE - CONDITIONS FOR GRANTING - LODGING OF SECURITY

( EEC TREATY , ART . 185 ; RULES OF PROCEDURE , ART . 86 ( 2 ))
ORDER OF THE PRESIDENT OF THE COURT,

20 APRIL 1983 ( 1 )

IRO Industrie Riunite Odolesi SpA

v

Commission of the European Communities

Case 348/82 R

Application for the adoption of interim measures — Suspension of operation — Suspension of operation of a decision imposing afine — Conditions governing the grant of interim measures — Form of a guarantee

(ECSC Treaty, Art. 39, second para.)

( 1 ) Language of the Case: Italian.
Keywords

Summary



Keywords

APPLICATION FOR THE ADOPTION OF INTERIM MEASURES - SUSPENSION OF OPERATION - CONDITIONS FOR GRANTING - DECISION TO INSTITUTE DISCIPLINARY PROCEEDINGS AGAINST AN OFFICIAL - SUSPENSION OF OPERATION GRANTED AS A PROVISIONAL MEASURE , BEFORE SUBMISSION OF THE OBSERVATIONS OF THE DEFENDANT INSTITUTION - CONDITIONS

( RULES OF PROCEDURE , SECOND SUBPARAGRAPH OF ART . 84 ( 2 ))

Summary

WHEN , IN THE COURSE OF AN ACTION FOR ANNULMENT BROUGHT AGAINST THE APPOINTING AUTHORITY ' S DECISION TO INSTITUTE DISCIPLINARY PROCEEDINGS AGAINST AN OFFICIAL OF THE COMMUNITIES , THE LATTER LODGES AN APPLICATION FOR THE SUSPENSION OF THE OPERATION OF THAT DECISION , IT IS APPROPRIATE IN THE INTERESTS OF THE PROPER ADMINISTRATION OF JUSTICE , IN PARTICULAR REGARD BEING HAD TO THE IMPENDING MEETING OF THE DISCIPLINARY BOARD , TO SUSPEND THE OPERATION OF THE DISPUTED DECISION , AS A PROVISIONAL MEASURE , EVEN BEFORE THE DEFENDANT INSTITUTION HAS HAD THE OPPORTUNITY TO LODGE ITS OBSERVATIONS , UNTIL THE ORDER TERMINATING THE INTERLOCUTORY PROCEEDINGS IS MADE .

IN ADDITION , AS IT IS DESIRABLE TO DECIDE ON THE APPLICATION FOR THE ADOPTION OF INTERIM MEASURES AFTER THE WRITTEN OBSERVATIONS OF THE DEFENDANT ARE KNOWN , THE INTERLOCUTORY PROCEEDINGS SHOULD BE CONTINUED AND AS PERIOD PRESCRIBED , WITHIN WHICH THE INSTITUTION MUST LODGE ITS WRITTEN OBSERVATIONS .
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APPLICATION FOR THE ADOPTION OF INTERIM MEASURES - SUSPENSION OF OPERATION - CONDITIONS GOVERNING GRANT

( RULES OF PROCEDURE , ART . 83 ( 2 ))
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Summary



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APPLICATION FOR THE ADOPTION OF INTERIM MEASURES - SUSPENSION OF OPERATION - CONDITIONS GOVERNING THE GRANT OF SUCH A MEASURE

( EEC TREATY , ART . 185 ; RULES OF PROCEDURE , ART . 83 ( 2 ))

Summary

THE MEASURES AVAILABLE UNDER ARTICLE 83 ( 2 ) OF THE RULES OF PROCEDURE MAY BE GRANTED BY THE JUDGE RESPONSIBLE FOR GRANTING INTERIM RELIEF , PROVIDED THERE ARE FACTUAL AND LEGAL GROUNDS ESTABLISHING A PRIMA FACIE CASE FOR THE ADOPTION OF SUCH MEASURES ; PROVIDED THERE IS AN URGENT NEED FOR THE MEASURES , THAT IS TO SAY IT IS NECESSARY , IN ORDER TO AVOID SERIOUS AND IRREPARABLE DAMAGE , THAT THEY SHOULD BE ADOPTED AND COME INTO EFFECT BEFORE JUDGMENT IS DELIVERED ON THE SUBSTANCE OF THE CASE ; AND , FINALLY , PROVIDED THEY ARE PROVISIONAL , THAT IS TO SAY , THEY DO NOT PREJUDGE THE SUBSTANTIVE DECISION AND DO NOT DECIDE CONTESTED POINTS OF LAW OR OF FACT AT THAT EARLY STAGE OR NEUTRALIZE IN ADVANCE THE EFFECTS OF THE DECISION TO BE GIVEN SUBSEQUENTLY ON THE SUBSTANCE OF THE CASE .
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OFFICIALS - ACTIONS BEFORE THE COURT - PRIOR COMPLAINT THROUGH OFFICIAL CHANNELS - COMPLAINT NOT YET REJECTED - INADMISSIBILITY

( STAFF REGULATIONS OF OFFICIALS , ART . 91 ( 2 ))
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PROCEDURE - CLAIM BECOMING DEVOID OF PURPOSE - NEW CLAIM PATENTLY INADMISSIBLE - REMOVAL FROM THE REGISTER

( RULES OF PROCEDURE , ART . 92 ( 2 ))
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Summary



Keywords

1 . APPLICATION FOR INTERIM MEASURES - SUSPENSION OF THE OPERATION OF A MEASURE - INTERIM MEASURES - CONDITIONS FOR GRANTING

( EEC TREATY , ARTS 185 AND 186 )

2 . AID GRANTED BY STATES - PLANS TO GRANT AID - NOTIFICATION TO THE COMMISSION - AID PUT INTO EFFECT BEFORE REVIEW OF COMPATIBILITY - EFFECT ON RIGHT OF THE MEMBER STATE CONCERNED TO CHALLENGE THE COMMISSION ' S DECISION BEFORE THE COURT - NONE

( EEC TREATY , ARTS 92 , 93 , 173 AND 186 )

Summary

1 . NO ORDER SUSPENDING THE OPERATION OF A MEASURE OR PROVIDING FOR OTHER INTERIM MEASURES CAN BE CONSIDERED UNLESS THE FACTUAL AND LEGAL GROUNDS RELIED ON TO OBTAIN THEM ESTABLISH A PRIMA FACIE CASE FOR GRANTING THEM . IN ADDITION THERE MUST BE URGENCY IN THE SENSE THAT IT IS NECESSARY FOR THE MEASURES TO BE ISSUED AND TO TAKE EFFECT BEFORE THE DECISION OF THE COURT ON THE SUBSTANCE OF THE CASE IN ORDER TO AVOID SERIOUS AND IRREVERSIBLE DAMAGE TO THE PARTY SEEKING THEM . FINALLY , THE MEASURES SOUGHT MUST BE PROVISIONAL IN THE SENSE THAT THEY DO NOT PREJUDGE THE DECISION ON THE SUBSTANCE OF THE CASE .

2 . THE FACT THAT A MEMBER STATE HAS PUT INTO EFFECT MEASURES GRANTING AID BEFORE THE COMMISSION HAS GIVEN A DECISION ON THEIR COMPATIBILITY WITH THE COMMON MARKET AND HAS THUS INFRINGED THE PROVISIONS OF ARTICLE 93 ( 3 ) OF THE TREATY DOES NOT DEPRIVE IT OF THE RIGHT TO BRING AN ACTION BEFORE THE COURT FOR THE ANNULMENT OF THE DECISION BY WHICH THE COMMISSION REQUIRED THE AID TO BE DISCONTINUED , OR AT THE SAME TIME TO APPLY FOR AN ORDER SUSPENDING THE OPERATION OF THAT DECISION .
Keywords

Summary



Keywords

PROCEDURE - INTERVENTION - ACTION CHALLENGING A MEASURE ADOPTED BY AN INSTITUTION - INTERVENTION BY A MEMBER OF THE DEFENDANT INSTITUTION - INADMISSIBLE

( STATUTE OF THE COURT OF JUSTICE OF THE ECSC , ART . 34 , FIRST PARAGRAPH )

Summary

WHERE AN ACTION IS DIRECTED AGAINST A MEASURE ADOPTED BY AN INSTITUTION , THE SYSTEM OF REMEDIES ESTABLISHED BY THE TREATIES REQUIRES THAT THE INSTITUTION CONCERNED DEFEND THE VALIDITY OF ITS MEASURE BEFORE THE COURT AND IT IS ALSO FOR THAT INSTITUTION TO DECIDE ITSELF HOW TO DEFEND ITS INTERESTS IN THAT REGARD . IT WOULD BE INCOMPATIBLE WITH THAT SYSTEM TO ACCEPT THE EXISTENCE OF A RIGHT TO INTERVENE BY PERSONS ACTING SOLELY IN THEIR CAPACITY AS MEMBERS OF THE INSTITUTION CONCERNED .
Keywords



Keywords

APPLICATION FOR INTERIM MEASURES - SUSPENSION OF OPERATION - INTERIM MEASURES - CONDITIONS FOR GRANTING - MEASURES NOT PREJUDGING THE DECISION ON THE MAIN APPLICATION - SERIOUS AND IRREPARABLE HARM

( EEC TREATY , ARTS 185 AND 186 ; RULES OF PROCEDURE , ART . 83 ( 2 ))
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Summary



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APPLICATION FOR A DECLARATION THAT A MEASURE IS VOID - COUNCIL DECISION TERMINATING AN ANTI-DUMPING PROCEEDING - APPLICATION DIRECTED AGAINST THE COMMISSION - INADMISSIBLE

( EEC TREATY, ART . 173; COUNCIL REGULATION NO 2176/84, ART . 9; COUNCIL*DECISION NO 86/59 )

Summary

WHERE, PURSUANT TO ARTICLE 9 OF REGULATION NO 2176/84, A DECISION TO TERMINATE AN ANTI-DUMPING PROCEEDING WAS ADOPTED BY THE COUNCIL AND NOT BY THE COMMISSION FOLLOWING OBJECTIONS TO SUCH A DECISION RAISED BEFORE THE ADVISORY COMMITTEE PROVIDED FOR IN ARTICLE 6 ( 1 ) OF THE SAME REGULATION, AN APPLICATION FOR A DECLARATION THAT THAT DECISION IS VOID IS INADMISSIBLE IN SO FAR AS IT IS DIRECTED AGAINST THE COMMISSION .
Keywords



Keywords

APPLICATION FOR THE ADOPTION OF INTERIM MEASURES - SUSPENSION OF OPERATION - SUSPENSION OF THE OPERATION OF A DECISION IMPOSING A FINE - CONDITIONS FOR GRANTING - PROVISION OF A GUARANTEE - ABSENCE OF EXCEPTIONAL CIRCUMSTANCES - REQUIREMENT JUSTIFIED

( EEC TREATY , ART . 185 ; RULES OF PROCEDURE , ARTS 83 ( 2 ) AND 86 ( 2 ))
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Summary



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1 . APPLICATION FOR A DECLARATION THAT A MEASURE IS VOID - ACTION BROUGHT BY A PRODUCER/EXPORTER AGAINST A COMMISSION DECISION TERMINATING AN ANTI-DUMPING PROCEEDING RELATING TO EXPORTS FROM A NON-MEMBER STATE - DECISION BASED ON A REFUSAL TO REGARD THE PRODUCTS CONCERNED AS ORIGINATING IN THE STATE OF EXPORTATION - MEASURE NOT HAVING AN ADVERSE EFFECT - INADMISSIBILITY

( EEC TREATY, ART . 173; REGULATION NO 802/68 OF THE COUNCIL, ART . 14; COMMISSION DECISION 86/193/EEC )

2 . MEMBER STATES - OBLIGATIONS - SUGGESTION THAT ACTION BE TAKEN MADE BY THE COMMISSION IN A FIELD NOT COVERED BY BINDING COMMUNITY PROVISIONS - OBLIGATION TO ADOPT SPECIFIC MEASURES - NONE - GENERAL OBLIGATION ARISING UNDER ARTICLE 5 OF THE TREATY - NOT APPLICABLE

( EEC TREATY, ART . 5 )

Summary

1 . A DECISION BY WHICH THE COMMISSION TERMINATES AN ANTI-DUMPING PROCEEDING RELATING TO CERTAIN PRODUCTS EXPORTED FROM A NON-MEMBER STATE ON THE GROUND THAT THOSE PRODUCTS MAY NOT BE REGARDED, FOR THE PURPOSES OF COMMUNITY RULES, AS ORIGINATING IN THAT STATE, CANNOT ADVERSELY AFFECT THE PRODUCER/EXPORTER CONCERNED AND BE CHALLENGED BY IT IN AN ACTION FOR ANNULMENT, EVEN IF THE COMMISSION HAS SUGGESTED THAT THE MEMBER STATES SHOULD TAKE THE MEASURES NECESSARY FOR PREVENTING THE EXPORTS IN QUESTION FROM BEING ABLE TO AVOID THE ANTI-DUMPING DUTIES IMPOSED ON THE SAME PRODUCTS ORIGINATING IN ANOTHER MEMBER STATE .

IF THE ORIGIN OF A PRODUCT HAS NOT BEEN DETERMINED BY THE COMMISSION PURSUANT TO THE PROCEDURE LAID DOWN IN ARTICLE 14 OF REGULATION NO 802/68, THE NATIONAL CUSTOMS AUTHORITIES, APPLYING THE CRITERIA LAID DOWN IN THAT REGULATION, DETERMINE THE ORIGIN OF THE IMPORTED PRODUCTS WHICH MAY GIVE RISE TO THE APPLICATION OF ANTI-DUMPING DUTIES .

2 . IN A FIELD IN WHICH NO PARTICULAR PROVISION IN THE TREATY NOR ANY BINDING ACT ADOPTED BY THE INSTITUTIONS IMPOSES OBLIGATIONS ON THE MEMBER STATES, A SUGGESTION THAT THE MEMBER STATES SHOULD TAKE ACTION MADE BY THE COMMISSION IN A MEMORANDUM CANNOT CREATE AN OBLIGATION UPON THEM TO ADOPT SPECIFIC MEASURES . IN SUCH A CONTEXT, THE MEMBER STATES' GENERAL OBLIGATION TO FACILITATE THE ACHIEVEMENT OF THE COMMUNITY' S TASKS LAID DOWN IN ARTICLE 5 OF THE TREATY CANNOT BE RELIED ON .
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INTERIM MEASURES - SUSPENSION OF OPERATION - CONDITIONS FOR GRANTING - MEASURES NOT PREJUDGING THE DECISION ON THE SUBSTANCE OF THE CASE - NO MANIFEST ILLEGALITY WHICH PER SE REQUIRES THE SUSPENSION OF THE OPERATION OF THE DECISION - SERIOUS AND IRREPARABLE DAMAGE

( EEC TREATY, ART . 185; RULES OF PROCEDURE, ART . 83 ( 2 ) )
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Keywords

++++

APPLICATION FOR INTERIM MEASURES - SUSPENSION OF OPERATION OF A DECISION - CONDITIONS FOR GRANTING - SERIOUS AND IRREPARABLE DAMAGE

( EEC TREATY, ART . 185; RULES OF PROCEDURE, ART . 83*(2 )*)
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Summary



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++++

APPLICATION FOR INTERIM MEASURES - SUSPENSION OF OPERATION OF A DECISION - CONDITIONS - SERIOUS AND IRREPARABLE DAMAGE TO THE APPLICANT

( EEC TREATY ART . 185; RULES OF PROCEDURE ART . 83 ( 2 ) )

Summary

THE REQUIREMENT OF URGENCY LAID DOWN IN ARTICLE 83 ( 2 ) OF THE RULES OF PROCEDURE FOR THE GRANT OF INTERIM MEASURES MUST BE ASSESSED IN THE LIGHT OF THE EXTENT TO WHICH AN INTERLOCUTORY ORDER IS NECESSARY IN ORDER TO AVOID SERIOUS AND IRREPARABLE DAMAGE TO THE PARTY SEEKING THE ADOPTION OF THE INTERIM MEASURE . CONSEQUENTLY, THAT PARTY MUST FURNISH PROOF THAT HE CANNOT AWAIT THE CONCLUSION OF THE MAIN ACTION WITHOUT PERSONALLY SUFFERING DAMAGE WHICH WOULD HAVE SERIOUS AND IRREPARABLE EFFECTS FOR HIM .
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Summary



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Officials - Actions - Act adversely affecting an official - Preparatory act - Referral to the Invalidity Committee - Inadmissibility

( Staff Regulations, Arts 59 ( 1 ), 90 ( 2 ) and 91 )

Summary

Preparatory acts, such as the decision, taken pursuant to Article 59 ( 1 ) of the Staff Regulations, to refer the case of an official for examination by the Invalidity Committee cannot be the subject of an action and it is only in connection with an action directed against the decision taken at the conclusion of the procedure that the applicant can contest the lawfulness of earlier acts which are closely linked to it .
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Summary



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Annulment of measures - Natural and legal persons - Measures of direct and individual concern to them - Decision laying down transitional measures in respect of the prohibition on the use in livestock farming of certain substances having a hormonal action

( EEC Treaty, Art . 173, second paragraph; Council Decision 87/561 )

Summary

Decision 87/561 on transitional measures concerning the prohibition on administration to farm animals of certain substances having a hormonal action, which is addressed to the Member States, does not concern producers of beef and veal individually within the meaning of the second paragraph of Article 173 . Consequently an action brought by them for the annulment of that measure is not admissible .
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Application for interim measures - Suspension of the operation of a decision - Conditions for granting - Serious and irreparable damage to the applicant

( EEC Treaty, Art . 185; Rules of Procedure, Art . 83 ( 2 ) ).
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Summary



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References for a preliminary ruling - Jurisdiction of the Court - Limits - Manifestly irrelevant question

( EEC Treaty, Art . 177 )

Summary

The procedure provided for in Article 177 of the Treaty is an instrument of cooperation between the Court of Justice and the national courts, whereby the former supplies the latter with the information on the interpretation of Community law which is necessary in order to enable them to settle disputes which are brought before them . A request from a national court may be rejected only if it is quite obvious that the interpretation of Community law or the examination of the validity of a rule of Community law sought by that court bears no relation to the actual nature of the case or to the subject-matter of the main action .
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Application for interim measures - Suspension of operation - Interim measures - Conditions for granting - Serious and irreparable damage to the applicant

( EEC Treaty, Arts 185 and 186; Rules of Procedure, Art . 83(2 ) )
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Summary



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Application for interim measures - Suspension of operation of a decision - Conditions for granting - Prima facie case - Serious and irreparable damage - Applicant' s interest in obtaining the suspension order applied for

( EEC Treaty, Art . 185; Rules of Procedure, Art . 83(2 ) )

Summary

In order for an order suspending the operation of an act as provided for in Article 185 of the Treaty to be granted, Article 83(2 ) of the Rules of Procedure requires that the application for such a measure must state both the factual and legal grounds establishing a prima facie case for the interim measure applied for and the circumstances giving rise to urgency, which is to be assessed in the light of the risk of serious and irreparable damage . The applicant must also prove that he has an interest making his application, which is an essential and fundamental prerequisite for any legal proceedings .
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1 Action for failure to act - Natural and legal persons - Failure to act as ground of action - Failure to initiate Treaty infringement proceedings - Inadmissibility

( EEC Treaty, Art . 169, second paragraph, and Art . 175, third paragraph )

2 Action for damages - Subject-matter - Claim for compensation for damage caused by national authorities acting in breach of Community law - Jurisdiction of the national courts

( EEC Treaty, Arts 178 and 215, second paragraph )

3 Procedure - Division of jurisdiction between the Court of Justice and the Court of First Instance - Application made by a natural or legal person under the third paragraph of Article 175 of the Treaty and concerning the implementation of the competition rules applicable to undertakings, together with an application for damages - Referral to the Court of First Instance

( Council Decision 88/591, Art . 3(1)(c ) and Art . 3(2 ); Statute of the Court of Justice of the EEC, Art . 47, as amended )
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Summary



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Actions for annulment of measures ° Natural or legal persons ° Measures of direct and individual concern to them ° Provision suspending the application to Gibraltar airport of the regulation on access for air carriers to scheduled intra-Community air service routes and on the sharing of passenger capacity between air carriers on scheduled air services between Member States ° Inadmissible

(EEC Treaty, Art. 173, second para.; Council Regulation No 2343/90, Art. 1(3))

Summary

Article 1(3) of Regulation No 2343/90 on access for air carriers to scheduled intra-Community air service routes and on the sharing of passenger capacity between air carriers on scheduled air services between Member States, which suspends the application of that regulation to Gibraltar airport until the cooperation arrangements agreed between the Kingdom of Spain and the United Kingdom in respect of that airport come into operation, cannot be regarded as constituting a decision within the meaning of the second paragraph of Article 173 of the Treaty, so that an action for its annulment brought by a natural or legal person is inadmissible.

Where an instrument contains limitations or derogations which are temporary or territorial in nature, they form an integral part of the provisions as a whole within which they are found and, in the absence of any misuse of powers, are of the same general nature as those provisions. The suspension by the article in issue of the application of the regulation, which is itself general in scope, affects equally all air carriers wishing to operate an air service between another Community airport and Gibraltar airport and, more generally, all those using the latter airport. Furthermore, apart from the fact that it is not the only temporary derogation from the arrangements laid down by the regulation which applies to an airport, it merely reflects the existence of an obstacle of an objective nature to the immediate application of the regulation to Gibraltar airport, arising from differences between two Member States.
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Summary



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Application for annulment - Measures adopted by national authorities - No jurisdiction vested in the Court

(Rules of Procedure, Art. 92(1) )

Summary

Since no provision of the EEC Treaty provides for the possibility for a natural or legal person to bring before the Court an action directed against a Member State and seeking to have judgments delivered by national courts set aside, it is clear that the Court has no jurisdiction to hear such an action.
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Summary



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1. Actions for annulment of measures - Measures against which actions may be brought - Definition - Measures having legal effects - Communication addressed by the Commission to the national bodies responsible for issuing import licences in the framework of a Community tariff quota

(EEC Treaty, Art. 173)

2. Action for damages - Action against the Commission by reason of its conduct as part of its cooperation with the national bodies responsible for applying Community rules - Inadmissibility

(EEC Treaty, Art. 178 and Art. 215, second paragraph)

Summary

1. Only a measure whose legal effects are binding on the applicant and are capable of affecting his interests is an act or decision which may be the subject of an action for annulment. That is not the case of a communication from a head of a department of the Commission addressed to the authorities of certain Member States which merely indicates procedures to ensure the proper administration of a Community tariff quota and announces the Commission' s intention to adopt certain measures.

2. An action for damages under Article 178 and the second paragraph of Article 215 of the EEC Treaty directed against conduct of the Commission forming part of the internal cooperation between the Commission and the national bodies responsible for applying Community rules is inadmissible; such cooperation cannot, as a general rule, make the Community liable to individuals.