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Order of the President of the Court of First Instance of 9 August 1999. # Sociedade Agrícola dos Arinhos Ldª v Commission of the European Communities. # Procedure for interim measures - Urgency - None. # Case T-38/99 R.
ECLI:EU:T:1999:164
61999TO0038
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Avis juridique important
61999B0038
European Court reports 1999 Page II-02567
Summary
Keywords
Applications for interim measures - Suspension of operation of a measure - Conditions for granting - Serious and irreparable damage - Pecuniary damage (EC Treaty, Art. 185 (now Art. 242 EC); Rules of Procedure of the Court of First Instance, Art. 104(2))
Summary
The urgency of an application for interim measures must be assessed in relation to the necessity for an interim order to prevent serious and irreparable damage to the interests of the party applying for those measures. It is for that party to prove that it cannot wait for the outcome of the main proceedings without suffering damage of that kind.
Damage of a pecuniary nature cannot, save in exceptional circumstances, be regarded as irreparable or even as being reparable only with difficulty, if it can ultimately be the subject of financial compensation.