Order of the President of the Court of First Instance of 8 April 2008 – Cyprus v Commission
(Joined Cases T-54/08 R, T-87/08 R, T-88/08 R and T-91/08 R to T-93/08 R)
Applications for interim relief – Procurement notices for contracts to encourage economic development in the northern part of Cyprus – Applications for suspension of operation of the notices – No urgency
1. Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Prima facie case – Urgency – Cumulative nature – Balancing of all the interests involved (Arts 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 21-22)
2. Applications for interim measures – Conditions of admissibility – Admissibility of main application – Irrelevance – Limits (Arts 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(1)) (see paras 50-51)
3. Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Serious and irreparable damage – Damage capable of being relied on by a Member State (Arts 242 EC and 243 EC; Rules of Procedure of the Court Instance, Art. 104(2)) (see para. 53)
4. Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Serious and irreparable damage – Contested measure infringing a superior rule of law – Condition not automatically fulfilled – Burden of proof (Arts 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 58-59)
Re:
| APPLICATION for suspension of the operation of a number of procurement notices issued by the Commission for the encouragement of economic development in the northern part of Cyprus, in the fields of energy, the environment, agriculture, telecommunications, education and crop management and irrigation. |
Operative part
The Court:
1. | | Joins Cases T-54/08 R, T-87/08 R, T-88/08 R and T-91/08 R to T‑93/08 R for the purposes of this order; |
2. | | Dismisses the applications for interim relief; |