Order of the President of the Court of First Instance of 10 July 2009 – TerreStar Europe v Commission

(Case T-196/09 R)

Application for interim measures – Decision on the selection of operators of pan-European systems providing mobile satellite services – Application for suspension of operation of the measure and interim relief – No urgency

1.                     Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Prima facie case – Urgency – Cumulative nature (Arts 225(1) EC, 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see. paras 24-26)

2.                     Applications 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 53-54)

3.                     Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency – Serious and irreparable damage – Financial loss (Arts 242 EC, 243 EC and 288 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 70-75, 80-83)

4.                     Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency (Arts 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see para. 85)

Re:

In essence, APPLICATION for suspension of operation of Commission Decision 2009/449/EC of 13 May 2009 on the selection of operators of pan-European systems providing mobile satellite services (MSS) (OJ 2009 L 149, p. 65).

Operative part

1.     The application for interim measures is dismissed.

2.     The costs are reserved.