CELEX: 62005TO0397
Language: en
Date: 2006-01-10 00:00:00
Title: Order of the President of the Court of First Instance of 10 January 2006. # Architecture, microclimat, énergies douces - Europe et Sud (ArchiMEDES) SARL v Commission of the European Communities. # Interim proceedings - Application for interim measures - Arbitration clause -Urgency - None. # Case T-397/05 R.

Order of the President of the Court of First Instance of 10 January 2006 – ArchiMEDES v Commission
      (Case T-397/05 R)
      Interim proceedings – Application for interim measures – Arbitration clause –Urgency – None
      1.                     Applications for interim measures – Suspension of the operation of a measure – Interim relief – Conditions for granting –
            Urgency – Prima facie case – Cumulative conditions (Arts 242 EC and 243 EC; Rules of Procedure of the Court of First Instance,
            Art. 104(2)) (see para. 35)
      2.                     Applications for interim measures – Suspension of the operation of a measure – Interim relief – Conditions for granting –
            Urgency – Serious and irreparable damage – Burden of proof – Weighing-up of all the interests at stake (Arts 242 EC and 243
            EC) (see paras 40-42)
      Re:
      
         
               Suspension of the operation, first, of the Commission’s decision contained in its letter of 5 October 2005 to offset debts
                  to the detriment of the applicant; secondly, of the Commission’s decision contained in its letter of 30 August 2005 and, thirdly,
                  of the debit note of 23 August 2005, No 3240705638
               
            Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  Dismisses the application for interim measures;
               
            
         
                  2.
               
               
                  
               
               
                  Reserves the costs.