«(Interim relief – Suspension of operation – Application for interim measures – Judgment of the Court of First Instance holding an application for annulment inadmissible – Appeal – Suspension of the operation of the act annulment of which was sought at first instance – Admissibility – Prima facie case – Urgency – Balancing of interests involved)»

1.. Applications for interim measures – Suspension of operation of a measure – Judgment of the Court of First Instance against which an appeal has been brought – Right to effective judicial protection – Request for suspension of operation of the act in question challenged at first instance – Whether admissible (Arts 242 EC and 243 EC; Rules of Procedure of the Court of Justice, Art. 83(1))

2.. Applications for interim measures – Suspension of operation of a measure – Judgment of the Court of First Instance against which an appeal has been brought – Prima facie case – Judgment declaring the action to be inadmissible – Grounds of appeal relied on against the judgment – Insufficient to justify prima facie suspension of operation of the contested act (Art. 242 EC; Rules of Procedure of the Court of Justice, Art. 83(2))

3.. Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Balancing of all the interests involved (Art. 242 EC; Rules of Procedure of the Court of Justice, Art. 83(2))

ORDER OF THE PRESIDENT OF THE COURT 31 July 2003 (1)

((Interim relief – Suspension of operation – Application for interim measures – Judgment of the Court of First Instance holding an application for annulment inadmissible – Appeal – Suspension of the operation of the act annulment of which was sought at first instance – Admissibility – Prima facie case – Urgency – Balancing of interests involved))

In Case C-208/03 P-R,

appellant,

APPLICATION for suspension of the operation of the decision in the form of a declaration of the President of the European Parliament of 23 October 2000 on the disqualification of Mr Le Pen from holding office as a Member of the European Parliament, in connection with the appeal brought by Mr Le Pen against the judgment of the Court of First Instance of the European Communities (Fifth Chamber) of 10 April 2003 in Case T-353/00

the other parties to the proceedings being:

THE PRESIDENT OF THE COURT,

after hearing the Advocate General, F.G. Jacobs makes the following

The Treaties

The 1976 Act

In all other cases, the [Parliament] shall establish that there is a vacancy and inform the Member State thereof.

Parliament's Rules of Procedure

National law

Arguments of the parties

Admissibility of the application for interim relief

Prima facie case

Urgency

Findings

Admissibility of the application for interim relief

Prima face case

Urgency and weighing of interests

On those grounds,

THE PRESIDENT OF THE COURT

hereby orders:

Luxembourg, 31 July 2003.

R. Grass

G.C. Rodríguez Iglesias

Registrar

President