Avis juridique important

Order of the President of the Court of 25 March 1999. - Claude Willeme v Commission of the European Communities. - Appeal - Order of the President of the Court of First Instance in proceedings for interim relief. - Case C-65/99 P. European Court reports 1999 Page I-01857

Summary

1 Applications for interim measures - Procedure - Whether it is desirable to hear oral argument from the parties - Discretion of the court hearing an application for interim relief

(EC Statute of the Court of Justice, Arts 36, first para., and 46, first para.; Rules of Procedure of the Court of First Instance, Art. 105)

2 Applications for interim measures - Suspension of operation of a measure - Conditions for granting - Urgency - Circumstances in which the non-material damage cannot be remedied more satisfactorily by means of interim relief than by a ruling on the substance - No urgency

(EC Treaty, Art. 185; Rules of Procedure of the Court of First Instance, Art. 104(2))

1 The question whether it is desirable to hear oral argument from the parties falls within the discretion of the court hearing an application for interim relief.

2 If the suspension sought cannot better remedy the purported non-material damage than the ruling on the substance, the condition concerning urgency is not satisfied. The purpose of proceedings for interim relief is not to ensure reparation for damage but rather to ensure that the ruling on the substance has full effect.