FOR INTERIM MEASURES SUCH AS THOSE REQUESTED TO BE GRANTED, ARTICLE 83*(2 ) OF THE RULES OF PROCEDURE REQUIRES THAT APPLICATIONS FOR SUCH MEASURES SHOULD STATE THE CIRCUMSTANCES GIVING RISE TO URGENCY AND THE FACTUAL AND LEGAL GROUNDS ESTABLISHING A PRIMA FACIE CASE FOR THE INTERIM MEASURES APPLIED FOR .
11 THE COURT HAS CONSISTENTLY HELD THAT THE URGENCY OF AN APPLICATION FOR INTERIM MEASURES, AS REFERRED TO IN ARTICLE 83*(2 ) OF THE RULES OF PROCEDURE, MUST BE ASSESSED ON THE BASIS OF WHETHER IT IS NECESSARY TO GRANT SUCH MEASURES IN ORDER TO AVOID SERIOUS AND IRREPARABLE DAMAGE TO THE PARTY SEEKING THEM .
12 THE APPLICANT HAS STATED THAT THE MAIN AIM OF ITS APPLICATION FOR INTERIM MEASURES IS TO PUT AN END TO THE STEPS TAKEN BY THE COMMISSION TO RENDER NUGATORY THE COURT' S JUDGMENT ON THE MAIN APPLICATION SHOULD IT BE IN THE APPLICANT' S FAVOUR . THE APPLICANT, WHO ALLEGES THAT THE COMMISSION CARRIED OUT FURTHER INVESTIGATIONS AT THE PREMISES OF OTHER UNDERTAKINGS AFTER THE INVESTIGATION CARRIED OUT AT ITS PREMISES AND DECIDED TO PURSUE THE INQUIRY IN CASES IV*31865 AND IV*31866, ARGUES THAT THE COURT' S JUDGMENT MIGHT BE RENDERED NUGATORY FOR THREE REASONS :
EITHER THE COMMISSION WILL OBTAIN FURTHER INFORMATION ON THE BASIS OF THE INFORMATION COLLECTED, UNLAWFULLY IN THE APPLICANT' S VIEW, AT ITS OFFICES; OR
THE COMMISSION WILL OBTAIN INFORMATION CONCERNING THE APPLICANT DURING ITS INQUIRY IN CASES IV*31865 AND IV*31866 ON AN UNLAWFUL BASIS, SINCE THE MARKET IN QUESTION IS IMPRECISELY DEFINED, AND ON THE BASIS OF A PRESUMPTION OF A TREATY INFRINGEMENT WHICH IS UNLAWFUL BY REASON OF ITS BEING IMPRECISELY DEFINED; OR
THE COMMISSION WILL OBTAIN FURTHER INFORMATION CONCERNING THE APPLICANT DURING ITS INQUIRY IN CASES IV 31865 AND IV 31866 ON THE BASIS OF UNLAWFUL OR UNSUBSTANTIATED EVIDENCE RELIED UPON IN ORDER TO JUSTIFY THE INVESTIGATION IN QUESTION .
13 THE APPLICANT CONSIDERS THAT BY ITS CONDUCT THE COMMISSION IS CREATING A SITUATION IN WHICH IT WILL BE IMPOSSIBLE IN THE FUTURE TO DISTINGUISH INFORMATION OBTAINED LAWFULLY FROM INFORMATION OBTAINED UNLAWFULLY . THAT SITUATION WOULD DEPRIVE THE APPLICANT OF THE BENEFIT OF A JUDGMENT IN ITS FAVOUR AND WOULD INFRINGE ITS RIGHTS OF DEFENCE AND IN ITSELF CAUSE THE APPLICANT SERIOUS AND IRREPARABLE DAMAGE WHICH COULD BE PREVENTED IF THE INTERIM MEASURES SOUGHT WERE GRANTED .
14 THE APPLICANT CLAIMS FURTHER THAT THE URGENT NEED FOR THE INTERIM MEASURES IS CLEARLY APPARENT FROM THE FACT THAT THE COMMISSION IS NOW INTENSIFYING THE INQUIRY WHICH IT IS CONDUCTING IN CASES IV*31865 AND IV*31866 AND REFUSES TO REFRAIN FROM USING, WHILST THE APPLICANT' S CASE IS PENDING BEFORE THE COURT, THE INFORMATION WHICH IT OBTAINED DURING THE INVESTIGATION IN QUESTION AND TO LODGE IT AT THE REGISTRY OF THE COURT .
15 IN THE WRITTEN AND ORAL OBSERVATIONS WHICH IT SUBMITTED DURING THE INTERLOCUTORY PROCEEDINGS THE COMMISSION EXPRESSED CERTAIN RESERVATIONS CONCERNING THE ADMISSIBILITY OF THE APPLICATION FOR INTERIM MEASURES . IT CONSIDERS THAT, IN SO FAR