WHETHER A DEFINITIVE DUTY IS TO BE IMPOSED AND WHETHER THE PROVISIONAL DUTY IS TO BE DEFINITIVELY COLLECTED . IT MUST THEREFORE BE STATED THAT TO GRANT THE APPLICANT ' S REQUEST THAT THE PAYMENT OF THE PROVISIONAL DUTY SHOULD BE SUSPENDED UNTIL THE COURT HAS GIVEN JUDGMENT ON THE MAIN APPLICATION , ON CONDITION THAT IT PROVIDES A GUARANTEE EQUIVALENT TO THE AMOUNT OF THE DUTY , WOULD BE TANTAMOUNT TO DEPRIVING THE COUNCIL OF THE POWER CONFERRED UPON IT BY THE AFORESAID ARTICLE 12 TO DECIDE WHETHER THE PROVISIONAL DUTY SHOULD BE DEFINITIVELY COLLECTED AND TO DEPRIVING THAT DECISION OF ANY PRACTICAL EFFECT .
26 ALTHOUGH THE JUDGE HEARING AN APPLICATION FOR INTERIM MEASURES HAS A WIDE DISCRETION AND CONSIDERABLE AUTONOMY , HE IS NONE THE LESS BOUND TO TAKE INTO ACCOUNT THE SPECIAL FEATURES OF THE PROCEDURE AT ISSUE AND MAY NOT ENCROACH UPON THE POWERS TO BE EXERCISED BY THE COUNCIL UNDER THAT PROCEDURE OR DEPRIVE THEM OF ALL PRACTICAL EFFECT PRIOR TO THEIR EXERCISE .
27 IT SHOULD FURTHER BE ADDED THAT , IF THE COUNCIL SHOULD DECIDE IN JANUARY 1987 TO IMPOSE A DEFINITIVE DUTY AND TO ORDER THAT THE PROVISIONAL DUTY SHALL BE COLLECTED , THE APPLICANT WILL BE ABLE TO REQUEST INTERIM MEASURES IN THE COURSE OF THAT PROCEDURE AND IN PARTICULAR THE MEASURE WHICH IT HAS REQUESTED IN THIS CASE .
28 IT THEREFORE APPEARS THAT THE DAMAGE AT PRESENT SUFFERED BY THE APPLICANT IS LIMITED TO THE COST OF PROVIDING A GUARANTEE FOR A PERIOD OF FOUR MONTHS . IN THAT REGARD IT SHOULD BE RECALLED THAT , AS WAS HELD IN CASE 120/83 R RAZNOIMPORT V COMMISSION , CITED ABOVE , EVEN IF THE APPLICANT , THE SOLE SOVIET EXPORTER OF THE PRODUCT CONCERNED , WERE TO UNDERTAKE PROVISIONALLY TO BEAR THE COSTS OF THAT SECURITY IN ORDER TO BE ABLE TO MARKET ITS PRODUCTS , THAT DISADVANTAGE CANNOT CONSTITUTE SERIOUS AND IRREPARABLE DAMAGE TO IT . PAYMENT OF SUCH A SMALL AMOUNT CANNOT BE REGARDED AS SERIOUS DAMAGE AND IN ANY EVENT IT SHOULD BE RECALLED THAT THE APPLICANT HAS OFFERED TO SUPPLY A BANK GUARANTEE BY WAY OF SECURITY PENDING FINAL JUDGMENT IN THE MAIN ACTION IF THE SUSPENSION WERE GRANTED . NOR CAN IT BE REGARDED AS IRREPARABLE BECAUSE ANY DAMAGE WHICH MIGHT OCCUR COULD BE MADE GOOD BY MEANS OF AN ACTION FOR DAMAGES BROUGHT BY THE APPLICANT .
29 IT FOLLOWS FROM THE FOREGOING THAT THE APPLICANT HAS NOT PUT FORWARD ANY CONCLUSIVE ARGUMENT DEMONSTRATING THAT IT WOULD SUFFER SERIOUS AND IRREPARABLE DAMAGE IF THE INTERIM MEASURE WHICH IT REQUESTS WERE REFUSED .
Operative part
ON THOSE GROUNDS ,
THE PRESIDENT ,
BY WAY OF INTERIM DECISION ,
HEREBY ORDERS AS FOLLOWS :
( 1 ) THE APPLICATION IS DISMISSED ;
( 2 ) COSTS ARE RESERVED .