Order of the President of the Court of First Instance of 26 September 2008 – Ellinikos Niognomon v Commission
(Case T-312/08 R)
Application for interim measures – Directive 94/57/EC – Common rules and standards applicable to ship inspection and survey organisations – Withdrawal of recognition granted to such an organisation – Application for suspension of operation of a measure – Inadmissibility
1. Application 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 – Discretion of the judge dealing with the application for interim relief (Arts 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 19-20)
2. Application for interim measures – Suspension of operation of a measure – Conditions for granting – Interest of the applicant in obtaining suspension – Negative administrative decision – No interest (Art. 242 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 25-26)
3. Application for interim measures – Interim measures – Conditions for granting – Direction to the Commission to extend or renew the authorisation of a body enabling it to inspect vessels and issue maritime safety certificates in the name of the Member State – Measure incompatible with the allocation of powers between institutions – Rejection (Arts 233 EC and 243 EC; Council Directive 94/57) (see paras 28-29)
Re:
| APPLICATION for suspension of operation of the letter of the Commission withdrawing the recognition granted to the applicant by Commission Decision 2005/623/EC of 3 August 2005 on the extension of the limited recognition of the Hellenic Register of Shipping (Ellinikos Niognomon AE) (OJ 2005 L 219, p. 43). |
Operative part
The Court:
1. | | Dismisses the application for interim measures; |