CELEX: 62008TO0312
Language: en
Date: 2008-09-26 00:00:00
Title: Order of the President of the Court of First Instance of 26 September 2008. # Ellinikos Niognomon AE v Commission of the European Communities. # Application for interim measures - Directive 94/57/EC - Common rules and standards applicable to ship inspection and survey organisations - Withdrawal of recognition granted to such an organisation - Application for suspension of operation of a measure - Inadmissibility. # Case T-312/08 R.

Order of the President of the Court of First Instance of 26 September 2008 – Ellinikos Niognomon v Commission
      (Case T-312/08 R)
      Application for interim measures – Directive 94/57/EC – Common rules and standards applicable to ship inspection and survey organisations – Withdrawal of recognition granted to such an organisation – Application for suspension of operation of a measure – Inadmissibility
      1.                     Application for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Prima
            facie case – Urgency – Cumulative nature – Balancing of all the interests involved – Discretion of the judge dealing with
            the application for interim relief (Arts 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2))
            (see paras 19-20)
      2.                     Application for interim measures – Suspension of operation of a measure – Conditions for granting – Interest of the applicant
            in obtaining suspension – Negative administrative decision – No interest (Art. 242 EC; Rules of Procedure of the Court of
            First Instance, Art. 104(2)) (see paras 25-26)
      3.                     Application for interim measures – Interim measures – Conditions for granting – Direction to the Commission to extend or renew
            the authorisation of a body enabling it to inspect vessels and issue maritime safety certificates in the name of the Member
            State – Measure incompatible with the allocation of powers between institutions – Rejection (Arts 233 EC and 243 EC; Council
            Directive 94/57) (see paras 28-29)
      Re: 
      
         
               APPLICATION for suspension of operation of the letter of the Commission withdrawing the recognition granted to the applicant
                  by Commission Decision 2005/623/EC of 3 August 2005 on the extension of the limited recognition of the Hellenic Register of
                  Shipping (Ellinikos Niognomon AE) (OJ 2005 L 219, p. 43).
               
            Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the application for interim measures;
               
            
         
                  2.
               
               
                  
               
               
                  	Reserves the costs.