OF THE MAIN ACTION AND DEPRIVE IT OF ANY PURPOSE .
11 FURTHERMORE , IT HAS BEEN ESTABLISHED IN THE COURSE OF THESE PROCEEDINGS FOR THE ADOPTION OF INTERIM MEASURES THAT THE SIX LOTS OF OLIVE OIL PUT UP FOR SALE IN ACCORDANCE WITH REGULATION NO 71/81 ARE LARGELY INTERCHANGEABLE ALTHOUGH IT MAY BE THAT NOT ALL THE LOTS CONTAIN OIL OF THE SAME NATURE AND QUALITY . IT IS NECESSARY IN THIS REGARD TO POINT OUT THAT WHEN THE GOODS WERE PREVIOUSLY PUT UP FOR SALE , EACH OF THE APPLICANTS HAD OFFERED TO PURCHASE THE SIX LOTS AND THAT THE ALLOCATION OF ONE LOT TO EACH APPLICANT TOOK PLACE BY THE DRAWING OF LOTS . MOREOVER , ACCORDING TO ARTICLE 6 OF REGULATION NO 2239/81 , THE RE-OPENING OF THE SALE BY TENDER IS ORGANIZED IN SUCH A WAY AS TO ENSURE THAT THE SIX SUCCESSFUL TENDERERS OBTAIN ONLY A SINGLE LOT EACH .
12 ACCORDINGLY , IT IS NECESSARY IN ORDER TO AVOID THE LOSS DESCRIBED ABOVE TO ENSURE , FIRST , THAT THE APPLICANTS MAY DECIDE FREELY WHETHER OR NOT IT IS IN THEIR INTEREST TO TAKE PART IN THE FRESH INVITATION TO TENDER , WITHOUT ANY FAILURE TO PARTICIPATE ON THEIR PART DEPRIVING THEM OF THE POSSIBILITY OF RELYING UPON A RIGHT TO RECEIVE ONE OF THE LOTS IN QUESTION . SECONDLY , IT IS NECESSARY TO ENSURE , IF THEY DECIDE TO TAKE PART , THAT THEY MAY RETAIN OR ACQUIRE ONE OF THE LOTS PUT UP FOR SALE ON FINANCIAL TERMS WHICH DO NOT ENTAIL A PROVISIONAL INCREASE - AT LEAST AN APPRECIABLE ONE - IN THE COSTS WHICH THEY HAVE INCURRED SO FAR .
13 THAT OUTCOME MAY , IN SUBSTANCE , BE ARRIVED AT IF , FIRST OF ALL , CARE IS TAKEN TO ENSURE THAT THE LOTS PUT UP FOR SALE AGAIN CANNOT , IF THEY ARE NOT ACQUIRED BY ONE OF THE FIVE APPLICANTS , BE SOLD TO THIRD PARTIES BEFORE THE COURT HAS RULED ON THE MAIN ACTION AND IF , SECONDLY , THE APPLICANTS MAY RETAIN OR ACQUIRE ONE OF THE LOTS IN QUESTION ON SUCH TERMS AS TO ENSURE THAT THE DEFINITIVE FINANCIAL BURDEN IS NOT BORNE BY THEM UNTIL THE COURT HAS RULED ON THE MAIN ACTION .
14 ACCORDINGLY , IN ORDER TO ATTAIN THAT OBJECTIVE , IT IS NECESSARY TO TAKE FORMAL NOTE , BY THIS ORDER , OF CERTAIN DECLARATIONS BY THE COMMISSION AND TO ORDER THE SUSPENSION OF THE OPERATION OF REGULATION NO 2239/81 WITHIN THE LIMITS SET OUT BELOW .
Operative part
ON THOSE GROUNDS ,
THE PRESIDENT OF THE COURT
BY WAY OF INTERLOCUTORY DECISION ,
HEREBY ORDERS AS FOLLOWS :
1 . FORMAL NOTE IS TAKEN , FOR THE BENEFIT OF THE APPLICANTS , THAT THE COMMISSION HAS STATED THAT THE APPLICANTS ' PARTICIPATION IN THE TENDERING PROCEDURE LAID DOWN BY COMMISSION REGULATION ( EEC ) NO 2239/81 OF 3 AUGUST 1981 ENTAILS NO WAIVER WHATSOEVER ON THEIR