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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.
ECLI:EU:T:2010:26
62005TT0385
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(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.