Keywords

Summary



Keywords

1. Applications for interim measures - Suspension of operation of a measure - Judgment of the Court of First Instance against which an appeal has been brought - Jurisdiction of the Court of Justice - Limits

(Art. 39, second para., CS; ECSC Statute of the Court of Justice, Art. 53)

2. Applications for interim measures - Suspension of operation of a measure - Judgment of the Court of First Instance against which an appeal has been brought - Conditions for granting - Prima facie case - Serious and irreparable damage - Pursuit of administrative proceedings relating to the application of competition law - No such damage

(Art. 39, second para., CS; ECSC Statute of the Court of Justice, Art. 53; Rules of Procedure of the Court, Art. 83(2))

Summary

1. It is not for the court hearing an application for interim relief to specify detailed methods for giving effect to a judgment of the Court of First Instance against which an appeal has been brought.

( see para. 45 )

2. In accordance with Article 53 of the ECSC Statute of the Court of Justice, an appeal against a judgment of the Court of First Instance does not generally have suspensory effect. However, under the second paragraph of Article 39 CS the Court of Justice may, if it considers that circumstances so require, order that application of the judgment under appeal be suspended. It follows from Article 83(2) of the Rules of Procedure that suspension may be granted under the second paragraph of Article 39 CS only if there are circumstances giving rise to urgency and pleas of fact and law establishing a prima facie case for such relief are put forward.

As regards the condition relating to urgency, the purpose of the procedure for interim relief is to guarantee the full effectiveness of the definitive future decision, in order to ensure that there is no lacuna in the legal protection provided by the Court of Justice. For the purpose of attaining that objective, urgency must be assessed in the light of the need for an interlocutory order in order to avoid serious and irreparable damage to the party seeking the interim relief. It is for the party claiming serious and irreparable damage to establish its existence. While it is not necessary for it to be absolutely certain that the damage will occur, a sufficient degree of probability being enough, the applicant is none the less required to prove the facts which are considered to found the prospect of such damage.

In that regard, the pursuit of administrative proceedings relating to the application of competition law, organised with a view to permitting undertakings to make known their point of view and to enlighten the Commission, does not involve any obligation for the undertakings other than that of participating, with a view to the defence of their rights, in that procedure. That obligation is not of such a nature as to cause them, either as regards their legal position or as regards their interests, serious and irreparable damage of such a kind as to justify a suspension of operation. As to the risk that the undertaking which lodged the complaint will bring legal proceedings following the adoption of measures by the Commission, the mere commencement of an action for damages also does not appear capable of causing serious and irreparable harm. Finally, general assertions concerning the practical or administrative difficulties which immediate compliance with the judgment under appeal would create for the working of the Commission cannot form the basis for suspending its operation.

( see paras 46-47, 52-53, 55, 57-58 )