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Order of the Court of First Instance (Fourth Chamber) of 10 December 1997. # Camar Srl v Commission of the European Communities and Council of the European Union. # Common organization of the markets - Bananas - Application for interim measures - Request for the issue of import licences. # Case T-260/97 R.
ECLI:EU:T:1997:194
61997TO0260
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61997B0260
European Court reports 1997 Page II-02357
Summary
Keywords
Applications for interim measures - Suspension of operation of a measure - Interim measures - Conditions for granting - Serious and irreparable damage - Meaning - Damage of a strictly financial nature (Rules of Procedure of the Court of First Instance, Art. 104(2))
Summary
It is necessary to assess urgency - which, pursuant to Article 104(2) of the Rules of Procedure, is a necessary condition for the suspension of operation of a measure or for other interim measures - by examining whether, pending the Court's decision on the substance, the applicant could suffer serious and irreversible harm which cannot be made good by the judgment in the main proceedings. However, damage of a purely financial nature cannot in principle be regarded as irreparable, or reparable only with difficulty, if it can ultimately be the subject of financial compensation. However, damage can be considered irreparable when the undertaking's position on the market is at risk, in that the possible loss of the market cannot be made good even by receipt of financial compensation.