Case T-310/03 R

Kreuzer Medien GmbH

v

European Parliament and Council of the European Union

(Application for interim measures – Suspension of operation of a measure – Admissibility of an application brought by an intervener)

Summary of the Order

Applications for interim measures – Suspension of operation of a measure – Conditions of admissibility – Application by the intervener – Intervener not having challenged the measure in question – Inadmissibility

(Arts 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(1), first subpara.)

It is clear from the first subparagraph of Article 104(1) of the Rules of Procedure of the Court of First Instance that any application under Article 242 EC for the suspension of a measure taken by an institution is admissible only if the applicant has challenged that measure in an action before the Court of First Instance.

The intervener in the main proceedings is therefore not entitled to apply for suspension of the contested measure when it has not itself challenged that measure.

Such an application is inadmissible even if based on Article 243 EC, since it does not seek a measure that is any different from what is provided for in Article 242 EC. The intervener cannot circumvent the rules contained in that provision of the Rules of Procedure by artificially making its application subject to other rules contained in the Rules of Procedure.

(see paras 18, 20-21)