CELEX: 62005TO0297
Language: en
Date: 2007-05-02 00:00:00
Title: Order of the President of the Court of First Instance of 2 May 2007. # IPK International - World Tourism Marketing Consultants GmbH v Commission of the European Communities. # Interim measures - Article 256 EC - Subject-matter of the application - Admissibility - Lack of urgency. # Case T-297/05 R.

Order of the President of the Court of First Instance of 2 May 2007 – IPK International–World Tourism Marketing Consultants
            v Commission
      (Case T-297/05 R)
      (Interim measures – Article 256 EC – Subject-matter of the application – Admissibility – Lack of urgency)
      
      1.                     Applications for interim measures – Suspension of operation of a measure – Application for suspension of the enforcement of
            a decision including a pecuniary obligation – Application seeking, in reality, suspension of the operation of another decision
            having effects on the applicant’s financial position (Arts 242 EC and 256 EC) (see paras 18, 21-24)
      2.                     Applications for interim measures – Conditions for admissibility – Application – Formal requirements (Rules of Procedure of
            the Court of First Instance, Arts 44(1)(c) and 104(2)) (see paras 33-39)
      3.                     Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Prima
            facie case – Urgency – Cumulative nature – Weighing-up of all the interests at stake (Arts 242 EC and 243 EC; Rules of Procedure
            of the Court of First Instance, Art. 104(2)) (see paras 42-43)
      4.                     Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency
            – Particular seriousness of the prima facie case (Arts 225(1) EC, 242 EC and 243 EC; Rules of Procedure of the Court of First
            Instance, Art. 104(2)) (see paras 51-61)
      Re: 
      
         APPLICATION for a stay of execution of Commission Decision C (2006) 6452 of 4 December 2006 relating to recovery of the sum
                  of EUR 318 000 received by the applicant as an advance in respect of the Ecodata project.
               
            Operative part
      The Court:
      
         
                   
               
               
                  
               
               
                  Dismisses the application for interim measures;
               
            
         
                   
               
               
                  
               
               
                  Reserves the costs.