TO ORDER , ON A PROVISIONAL BASIS , THAT SHE BE ADMITTED TO THE TESTS . THE APPLICANT IS THEREFORE ASKING THE COURT TO MAKE AN ORDER FOR A PROVISIONAL MEASURE WHICH IT COULD NOT ORDER , DEFINITIVELY , IN THE MAIN ACTION .
10 AS THE PRESIDENT OF THE SECOND CHAMBER HELD IN HIS ORDER OF 13 JANUARY 1978 ( CASE 4/78 R SALERNO V COMMISSION ( 1978 ) ECR 1 ), AN ORDER THAT A CANDIDATE BE ADMITTED TO A COMPETITION WOULD AMOUNT NOT TO A SUSPENSION OF THE OPERATION OF THE CONTESTED MEASURE BUT TO A COMPLETE REVERSAL , EVEN THOUGH ONLY PROVISIONAL , SO THAT THE MAIN ACTION WOULD LOSE ITS PURPOSE . ACCORDINGLY THE COURT HAS NO JURISDICTION TO ORDER , BY MEANS OF A MEASURE SUSPENDING THE OPERATION OF THE CONTESTED DECISION OR ANOTHER INTERIM MEASURE , THE ADMISSION OF THE APPLICANT TO THE TEST IN QUESTION .
11 MOREOVER , THE COURT TAKES NOTE OF THE COMMISSION ' S STATEMENT REGARDING THE IMPLEMENTATION OF THE FINAL JUDGMENT IF GIVEN IN THE APPLICANT ' S FAVOUR AND , IN PARTICULAR , REGARDING THE POSSIBILITY OF ORGANIZING TRAINING FOR THE APPLICANT .
12 IT FOLLOWS FROM THE FOREGOING THAT THE APPLICATION FOR THE ADOPTION OF INTERIM MEASURES MUST BE DISMISSED .
Operative part
ON THOSE GROUNDS ,
THE PRESIDENT OF THE SECOND CHAMBER ,
BY WAY OF INTERLOCUTORY DECISION ,
HAVING HEARD THE VIEWS OF THE ADVOCATE GENERAL ,
HEREBY ORDERS AS FOLLOWS :
( 1 ) THE APPLICATION FOR THE ADOPTION OF INTERIM MEASURES IS DISMISSED .
( 2 ) COSTS ARE RESERVED .