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 ITS APPLICATIONS THE APPLICANT IN SUBSTANCE CLAIMS THAT A SUSPENSION OF ENFORCEMENT WOULD BE JUSTIFIED BECAUSE OTHERWISE :
( I ) IBM WILL BE FORCED TO LODGE A DEFENCE TO A STATEMENT OF OBJECTIONS DELIVERED BY THE COMMISSION WITHOUT LAWFUL AUTHORITY ;
( II)THE COMMISSION WILL HAVE BEEN PERMITTED TO CONTINUE TO ACT IN BREACH OF BINDING PRINCIPLES OF INTERNATIONAL LAW ;
( III)IBM WILL HAVE BEEN FORCED TO LODGE A DEFENCE TO A STATEMENT OF OBJECTIONS SO ILL-DEFINED AND OBSCURE AS TO JUSTIFY THE RAISING OF THE EXCEPTIO OBSCURI LIBELLI AND BREACH OF DUE PROCESS .
6 THE APPLICANT ' S ARGUMENTS AMOUNT IN SUBSTANCE TO CLAIMING THAT THE MEASURES CONTESTED IN THE MAIN PROCEEDINGS ARE VITIATED BY SUCH CLEAR AND SERIOUS DEFECTS THAT THOSE MEASURES APPEAR , EVEN AT FIRST SIGHT , AS LACKING ANY LEGAL BASIS AND IN REALITY CONSTITUTE AN EVIDENT NULLITY , KNOWN IN THE ADMINISTRATIVE LAW OF CERTAIN MEMBER STATES AS ' ' VOIES DE FAIT ADMINISTRATIVES ' ' . THE NATURE AND GRAVITY OF THESE ILLEGALITIES ALONE IMPLY , IT IS ALLEGED , THAT IT IS NECESSARY AND URGENT TO PUT A STOP IMMEDIATELY TO SITUATIONS OF THIS TYPE AND THAT THE JUDGE TO WHOM THE APPLICATION IS MADE HAS JURISDICTION TO DO SO .
7 WITHOUT PREJUDICE TO THE ADMISSIBILITY OR THE MERITS OF THE ACTIONS IN THE MAIN PROCEEDINGS , THE MEASURES UNDER CHALLENGE , HAVING REGARD TO THE NATURE OF THE COMPLAINTS MADE AGAINST THEM , DO NOT APPEAR TO BE MEASURES LACKING EVEN AN APPEARANCE OF LEGALITY , AND AS SUCH TO REQUIRE THEIR OPERATION TO BE SUSPENDED FORTHWITH .
8 IT WAS THEREFORE FOR THE APPLICANT TO DEMONSTRATE , WITH A VIEW TO THE AVOIDANCE OF SERIOUS AND IRREVERSIBLE DAMAGE TO ITSELF , THE NECESSITY AND URGENCY FOR THE COURT TO GRANT THE RELIEF SOUGHT .
9 THE FACTUAL AND LEGAL GROUNDS RELIED UPON BY THE APPLICANT ARE NOT , HOWEVER , SUCH AS TO ESTABLISH THESE BASIC CONDITIONS . THE CONTESTED MEASURES IN THE TWO MAIN ACTIONS ARE IN FACT MEASURES OF INQUIRY AND INVESTIGATION , WHICH PRECEDE A DECISION OF THE COMMISSION RELATING TO THE ISSUE WHETHER OR NOT THE APPLICANT IS OR HAS BEEN GUILTY OF CONDUCT PROHIBITED BY ARTICLE 86 OF THE TREATY .
10 THE PURSUIT OF ADMINISTRATIVE PROCEEDINGS OF THIS TYPE , ORGANIZED , AS THE COURT HAS EMPHASIZED ON VARIOUS OCCASIONS , WITH A VIEW TO PERMITTING UNDERTAKINGS TO MAKE KNOWN THEIR POINT OF VIEW AND TO ENLIGHTEN THE COMMISSION , DOES NOT INVOLVE FOR THE APPLICANT ANY OBLIGATION OTHER THAN THAT OF PARTICIPATING , WITH A VIEW TO THE DEFENCE OF ITS RIGHTS , IN THE COURSE OF THAT PROCEDURE