«(Applications for interim measures – Suspension of operation of a decision – State aid – Existing aid scheme – Tax regime for coordination centres established in Belgium – Transitional measures)»

1.. Applications for interim measures – Suspension of operation of a measure – Provisional measures – Conditions for granting – Prima facie case – Serious and irreparable harm – Balancing of all the interests involved (Arts 242 EC and 243 EC; Rules of Procedure of the Court, Art. 83(2))

2.. Applications for interim measures – Criteria for admissibility – Admissibility of the main application – Irrelevance – Limits (Arts 242 EC and 243 EC; Rules of Procedure of the Court, Art. 83(1))

3.. Actions for annulment – Final decision of the Commission concerning State aid – Action by an association responsible for defending the collective interests of undertakings – Own interest in bringing proceedings to defend its position as a negotiator – Whether admissible (Art. 230, fourth para., EC)

4.. Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Balancing of all the interests involved – Definition (Art. 242 EC)

ORDER OF THE PRESIDENT OF THE COURT 26 June 2003 (1)

((Applications for interim measures – Suspension of operation of a decision – State aid – Existing aid scheme – Tax regime for coordination centres established in Belgium – Transitional measures))

In Joined Cases C-182/03 R and C-217/03 R,

applicant in Case C-182/03 R, and

applicant in Case C-217/03 R,

v

defendant,

APPLICATION for the suspension of the decision of the Commission C (2003) 564 final of 17 February 2003 concerning the aid scheme implemented by Belgium in favour of coordination centres established in Belgium, or for interim measures,

THE PRESIDENT OF THE COURT

makes the following

Monitoring of existing aid and claims under Community law

Belgian tax regime for coordination centres

Council documents concerning harmful tax competition

Concerning the admissibility of the application in Case C-217/03 R

Prima facie case

Prima facie case in Case C-182/03 R

Prima facie case in Case C-217/03 R

Urgency and balancing of interests

Admissibility of the application in Case C-217/03 R

The subject-matter of the applications for suspension of operation

Scope of the transitional regime established by the contested decision

Prima facie case

Urgency and balancing of interests

On those grounds,

THE PRESIDENT OF THE COURT

hereby orders:

Luxembourg, 26 June 2003.

R. Grass

G.C. Rodríguez Iglesias

Registrar

President