Order of the President of the Court of First Instance of 25 May 2009 – Biofrescos v Commission

(Case T-159/09 R)

Application for interim measures – Application for suspension of operation – Submission of the application – Inadmissibility – Financial loss – Lack of urgency

1.                     Application for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Prima facie case (Arts 225(1) EC, 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see para. 12)

2.                     Application for interim measures – Conditions for admissibility – Application – Formal requirements (Art. 242 EC; Rules of Procedure of the Court of First Instance, Art. 104(2) and (3)) (see paras 12-15, 18-19)

3.                     Application for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency – Serious and irreparable damage (Arts 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 22-23, 27-28)

4.                     Application for interim measures – Suspension of operation of a measure – Conditions for granting – Serious and irreparable damage(Art. 242 EC; Rules of Procedure of the Court of First Instance, Art. 104(2); Council Regulation No 2913/92; Commission Regulation No 2454/93) (see paras 29-32)

Re:

APPLICATION for suspension of the recovery of import duties not yet demanded of the applicant, in so far as that recovery was ordered by Commission Decision C(2009) 72 final of 16 January 2009, finding post-clearance recovery of those duties justified, and remission of those duties not justified, in the applicant’s case.

Operative part

1.      The application for interim measures is dismissed.

2.      Costs are reserved.