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CFIR-105 (Rules of Procedure)

Procedure for interim measures

EU Law Community DK Law EU Cases DK Cases

EU Law

CFI (Rules of Procedure)Article 105
1. The application shall be served on the opposite party, and the President of the Court of First Instance shall prescribe a short period within which that party may submit written or oral observations.
    2. The President of the Court of First Instance may order a preparatory inquiry.
    The President of the Court of First Instance may grant the application even before the observations of the opposite party have been submitted. This decision may be varied or cancelled even without any application being made by any party.

EU Cases

Case PteRef Text
T-511/08-R
Unity
14CFIR-105.1-impl14 Having regard to the documents in the case, the President considers that he has all the information needed in order to rule on the present application for interim measures and that it is not necessary first to hear oral argument from the parties.
T-202/08-R
Centre de langues
19CFIR-105.1-impl19 Eu égard aux éléments du dossier, le juge des référés estime qu’il dispose de tous les éléments nécessaires pour statuer sur la présente demande de mesures provisoires, sans qu’il soit utile d’entendre, au préalable, les parties en leurs explications orales.
T-195/08-R
Antwerpse Bouwwerken
20CFIR-105.1-impl20 Eu égard aux éléments du dossier, le juge des référés estime qu’il dispose de tous les éléments nécessaires pour statuer sur la présente demande de mesures provisoires, sans qu’il soit utile d’entendre, au préalable, les parties en leurs explications orales.
T-54/08-R
T-87/08-R
T-88/08-R
T91/08-R
T-92/08-R
T-93/08-R
Cyprus
23CFIR-105.1-impl23 Compte tenu des éléments des dossiers, le juge des référés estime qu’il dispose de tous les éléments nécessaires pour statuer sur les présentes demandes de mesures provisoires, sans qu’il soit utile d’entendre, au préalable, les parties en leurs explications orales.
T-41/08-R
Vakakis International
76-78CFIR-64
CFIR-65
CFIR-105.2
76 It should first be noted that under the first subparagraph of Article 105(2) of the Rules of Procedure the President of the Court of First Instance is to decide whether a preparatory inquiry is necessary. Article 65 of the Rules of Procedure provides that measures of inquiry include the production of documents. Article 64 of the Rules of Procedure allows the Court to adopt measures of organisation of procedure, including the production of documents or any papers relating to the case.
    77 It should next be noted that the documents at issue relate solely to the requirement that there be a prima facie case.
    78 As the application for interim measures falls to be dismissed by reason of lack of urgency, without it being necessary to consider whether the other conditions for the grant of such measures are satisfied, in particular the requirement that there be a prima facie case, the President considers that the documents in question are not relevant to the current application for interim measures and that there is therefore no need to adopt the measures regarding the documents at issue which the applicant has applied for.
T-195/05-R
Deloitte
78CFIR-105.1-impl78. Since the written observations of the parties contain all the information necessary to adjudicate on the application for interim measures, it is not necessary to hear oral argument from them.
T-303/04-R2
European Dynamics
33CFIR-105.1-impl33. Having regard to the documents in the case-file, the President considers that he has all the material needed to decide the present application for interim measures, without there being any need first to hear oral argument from the parties.
T-303/04-R2
European Dynamics
81-83CFIR-64
CFIR-65
CFIR-105.2
CFIR-109
81. As was already held in the Order of 10 November, the applicant's request for production of the documents at issue can be understood only as an application for measures of inquiry or measures of organisation of procedure.
    82. Under the first subparagraph of Article 105(2) of the Rules of Procedure the President of the Court assesses whether a preparatory inquiry should be ordered. Article 65 of the Rules of Procedure specifies that measures of inquiry include inter alia the production of documents. Article 64 of the Rules of Procedure allows the Court to adopt measures of organisation of procedure, including inter alia the production of documents or any papers relating to the case.
    83. Since the present application for interim measures must be dismissed for failure to meet the conditions of Article 109 of the Rules of Procedure, the President considers that the documents at issue are of no relevance for the examination of the present application for interim measures, and that the measures sought by the applicant concerning those documents should not therefore be adopted.
T-303/04-R1
European Dynamics
44CFIR-105.1-impl44. Having regard to the documents in the case-file, the President considers that he has all the material needed to decide the present application for interim measures, without there being any need first to hear oral argument from the parties.
T-303/04-R1
European Dynamics
88-90CFIR-64
CFIR-65
CFIR-105.2
88. The applicant's request for production of the documents at issue can be understood only as an application for measures of inquiry or measures of organisation of procedure.
    89. It must be recalled that under the first subparagraph of Article 105(2) of the Rules of Procedure the President of the Court assesses whether a preparatory inquiry should be ordered. Article 65 of the Rules of Procedure specifies that measures of inquiry include inter alia the production of documents. Article 64 of the Rules of Procedure allows the Court to adopt measures of organisation of procedure, including inter alia the production of documents or any papers relating to the case.
    90. Since the application for interim measures must be dismissed for want of urgency, without there being any need to examine whether the other conditions for granting interim measures are satisfied, in particular the condition relating to a prima facie case, the President considers that the documents at issue are of no relevance for the examination of the present application for interim measures, and that the measures sought by the applicant concerning those documents should not therefore be adopted.
T-148/04-R
TQ3 Travel Solutions
29CFIR-105.1-impl29. Having regard to the documents before the Court, the Court considers that it is in possession of all information necessary to give a ruling on the application for interim measures before it, and that it is not necessary to hear oral argument from the parties before doing so.