Order of the President of the Court of First Instance of 3 April 2009 – UCAPT v Council

(Case T-96/09 R)

Application for interim measures – Application for suspension of operation of a measure – Failure to comply with formal requirements – Inadmissibility

1.                     Application for interim measures – Conditions for admissibility – Application – Formal requirements (Arts 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2) and (3) (see paras 9-11)

2.                     Application for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency – Serious and irreparable damage – Burden of proof (Arts 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 14-15)

Re:

APPLICATION for suspension of operation of Council Regulation (EC) No 73/2009 of 19 January 2009 establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers, amending Regulations (EC) No 1290/2005, (EC) No 247/2006 and (EC) No 378/2007 and repealing Regulation (EC) No 1782/2003 (OJ 2009 L 30, p. 16).

Operative part

1.      The application for interim measures is dismissed.

2.      The costs are reserved.