THE ADOPTION OF INTERIM MEASURES REFERRED TO IN ARTICLE 83 ( 2 ) OF THE RULES OF PROCEDURE MUST BE ASSESSED IN THE LIGHT OF THE EXTENT TO WHICH AN INTERLOCUTORY ORDER IS NECESSARY TO AVOID SERIOUS AND IRREPARABLE DAMAGE TO THE PARTY SEEKING THE ADOPTION OF THE INTERIM MEASURE . CONSEQUENTLY, THE PARTY SEEKING THE SUSPENSION OF THE OPERATION OF A MEASURE MUST FURNISH PROOF THAT HE CANNOT AWAIT THE CONCLUSION OF THE MAIN ACTION WITHOUT PERSONALLY SUFFERING DAMAGE WHICH WOULD HAVE SERIOUS AND IRREPARABLE EFFECTS FOR HIM .
24 IT MUST TO BE SAID THAT THAT ESSENTIAL REQUIREMENT HAS NOT BEEN SATISFIED IN THIS CASE . THE DAMAGE ALLEGED BY THE BELGIAN STATE IN THIS CASE RELATES, AS WAS STATED IN PARAGRAPH 19 OF THIS ORDER, TO THE DAMAGE WHICH TUBEMEUSE AND ITS CREDITORS WOULD SUFFER IF THE SUSPENSION APPLIED FOR WERE NOT GRANTED AND NOT TO THE DAMAGE WHICH THE BELGIAN STATE WOULD ITSELF SUFFER IF SUSPENSION WERE REFUSED .
25 IN REPLY TO A QUESTION PUT TO HIM AT THE HEARING, THE AGENT OF THE BELGIAN GOVERNMENT STATED THAT THE KINGDOM OF BELGIUM MIGHT INCUR DAMAGE INASMUCH AS IT MIGHT BE MADE LIABLE TO TUBEMEUSE' S CREDITORS IF THE COUR D' APPEL, LIEGE, DECLARED TUBEMEUSE BANKRUPT IN THE EVENT OF THE INCLUSION IN THE SCHEME OF COMPOSITION OF A STATEMENT OF INDEBTEDNESS INTENDED TO GIVE EFFECT TO THE COMMISSION' S DECISION OF 4 FEBRUARY 1987 . IT APPEARS EVIDENT THAT, IN THE LIGHT OF THE CASE-LAW OF THE COURT OF JUSTICE, SUCH INDEFINITE FUTURE DAMAGE CANNOT IN ANY EVENT BE REGARDED AS SERIOUS AND IRREPARABLE DAMAGE .
26 IT SHOULD ALSO BE NOTED THAT EVEN IF TUBEMEUSE ITSELF HAD ALLEGED THAT THERE WAS A RISK THAT THE PROCESS OF RECOVERING THE AID INSTITUTED BY THE BELGIAN STATE IN IMPLEMENTATION OF THE COMMISSION' S DECISION OF 4 FEBRUARY 1987 WOULD CAUSE IT SERIOUS AND IRREPARABLE DAMAGE, IT WOULD ALSO HAVE HAD TO PUT FORWARD CIRCUMSTANCES OR ARGUMENTS SHOWING THAT THE MEANS WHEREBY IT COULD CHALLENGE THAT PROCESS UNDER BELGIAN LAW DID NOT ENABLE IT TO AVOID SUCH DAMAGE .
27 IT FOLLOWS FROM THE FOREGOING THAT THE APPLICANT HAS NOT PUT FORWARD ANY DECISIVE ARGUMENT ESTABLISHING THAT IT WOULD SUFFER SERIOUS AND IRREPARABLE DAMAGE IF THE INTERIM MEASURE APPLIED FOR WERE REFUSED .
Operative part
On those grounds,
The President
makes the following interim order :
( 1 ) The application is dismissed;
( 2 ) The costs are reserved .
Luxembourg, 15 June 1987 .