DEALER AGREEMENT ) BETWEEN IT AND ITS GERMAN DISTRIBUTORS . WITHIN THE FRAMEWORK OF ITS EXAMINATION OF THAT APPLICATION , IT ADOPTED AN INTERIM DECISION ON 18 AUGUST 1982 REQUIRING FORD WERKE AG TO RESUME DELIVERIES OF THE VEHICLES REFERRED TO IN THE CIRCULAR . FORD WERKE AG AND FORD OF EUROPE INCORPORATED BOTH BROUGHT ACTIONS FOR A DECLARATION THAT THAT DECISION WAS VOID AND APPLIED FOR THE ADOPTION OF AN INTERIM MEASURE SUSPENDING ITS OPERATION .
2 THE APPLICATIONS IN CASE 228/82 R FORD OF EUROPE INCORPORATED V COMMISSION OF THE EUROPEAN COMMUNITIES AND CASE 229/82 R FORD WERKE AG V COMMISSION OF THE EUROPEAN COMMUNITIES HAVE THE SAME SUBJECT-MATTER AND IT IS THEREFORE APPROPRIATE TO JOIN THE CASES AND TO MAKE AN ORDER IN RESPECT OF BOTH APPLICATIONS .
3 ACCORDING TO ARTICLE 185 OF THE TREATY , ACTIONS BROUGHT BEFORE THE COURT OF JUSTICE DO NOT HAVE SUSPENSORY EFFECT . THE COURT MAY , HOWEVER , AS FOLLOWS FROM THAT PROVISION READ IN CONJUNCTION WITH ARTICLE 83 ( 2 ) OF THE RULES OF PROCEDURE OF THE COURT , IF IT CONSIDERS THAT THE CIRCUMSTANCES SO REQUIRE , DIRECT THAT THE OPERATION OF CONTESTED MEASURES BE SUSPENDED . IT MAY ALSO , PURSUANT TO ARTICLE 186 OF THE TREATY , PRESCRIBE ANY NECESSARY INTERIM MEASURES .
4 IT IS CLEAR FROM THE CONSISTENT CASE-LAW OF THE COURT THAT MEASURES OF THIS NATURE CANNOT 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 THEY MUST BE PROVISIONAL IN THE SENSE THAT THEY DO NOT PREJUDGE THE DECISION ON THE SUBSTANCE OF THE CASE .
5 IN SUPPORT OF THEIR APPLICATIONS , THE APPLICANTS CLAIM IN ESSENCE THAT THEY ARE JUSTIFIED :
( A ) BECAUSE THE CONTESTED DECISION HAS NO LEGAL BASIS ;
( B)BECAUSE THE IMPLEMENTATION OF IT BEFORE THE COURT HAS GIVEN ITS DECISION IN THE MAIN ACTIONS IS LIKELY TO CAUSE THE APPLICANTS GRAVE AND IRREPARABLE HARM .
A - FORD WERKE AG ' S APPLICATION FOR SUSPENSION OF THE OPERATION OF THE DECISION
6 THE DECISION CONTESTED IN THE MAIN ACTION WAS ADOPTED AS AN INTERIM MEASURE WHEN THE COMMISSION WAS CONSIDERING WHAT COURSE TO FOLLOW REGARDING THE NOTIFICATION TO IT IN 1976 OF THE DISTRIBUTION AGREEMENT BETWEEN FORD WERKE AG AND ITS DISTRIBUTORS IN THE FEDERAL REPUBLIC OF GERMANY AND REGARDING THE RELATED APPLICATION FOR NEGATIVE CLEARANCE , OR FOR AN EXEMPTION PURSUANT TO ARTICLE 85 ( 3 ).
7 THAT AGREEMENT RELATES TO THE DISTRIBUTION OF FIESTA , ESCORT , TAUNUS , CAPRI AND GRANADA MODELS IN THE FORD RANGE . ALTHOUGH THE PARTIES DIFFER AS TO WHETHER THE