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Interim measures – Non-contractual liability of the Community – Commission’s failure to act – Provisional payment of damages sought in main proceedings – No prima facie case
1. Applications for interim measures – Interim measures – Conditions for granting – Prima facie case – Urgency – Cumulative nature – Balancing of all the interests involved (Arts 225 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 11-14)
REQUEST that the Commission be ordered to pay compensation, on a provisional basis, for the financial damage allegedly suffered by the applicant because of the Commission’s failure to ensure full application and correct interpretation of the provisions of Community law governing the activities of financial intermediaries.
The Court:
1.Dismisses the application for interim measures;
2.Reserves the costs.