CELEX: 62005TT0385
Language: en
Date: 2010-02-04 00:00:00
Title: Order of the President of the General Court of 4 February 2010.#Portuguese Republic v Transnáutica - Transportes e Navegação, SA and European Commission.#Interim measures - Customs union - Third-party proceedings - Judgment of the General Court - Application for stay of execution - Failure to have regard to formal requirements - Inadmissibility.#Case T-385/05 TO R.

Order of the President of the General Court of 4 February 2010 – Portugal v Transnáutica and Commission
      (Case T-385/05 TO R)
      Application for interim measures – Customs Union – Third-party proceedings – Judgment of the General Court – Application for suspension of operation – Disregard of formal requirements – Inadmissibility
      1.                     Application for interim measures – Conditions for admissibility – Application – Formal requirements – Statement of the pleas
            in law establishing a prima facie case for granting the measures sought (Art. 279 TFEU; Rules of Procedure of the General
            Court, Art. 104(2) and (3)) (see paras 11, 13)
      2.                     Application for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Prima
            facie case – Urgency – Serious and irreparable damage – Cumulative nature (Arts 278 TFEU and 279 TFEU; Rules of Procedure
            of the General Court, Art. 104(2)) (see paras 11-15, 17-21)
      Re:
      
         APPLICATION for suspension in third-party proceedings challenging the judgment of 23 September 2009 in Case T-385/05 
               Transnáutica 
               v 
               Commission
               , not published in the ECR.
            Operative part 
      
         
                  1.
               
               
                  
               
               
                  	The application for interim measures is dismissed.
               
            
         
                  2.
               
               
                  
               
               
                  	Costs are reserved.