#62025CO0582(01)EU Court Ends Interim Measures Request After Main Appeal Is Dismissed
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The order closes an interim measures request because the related main appeal has already been dismissed. The applicant had asked the Court to require the European Commission to take provisional steps toward infringement action against Sweden, or to reconsider his complaint within a deadline. Since interim measures only support an ongoing main case, the Court found there was nothing left to decide. The Commission had not yet been served and had not incurred costs, so the applicant must only cover his own costs.
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Key Changes
- The interim measures request is closed without a decision on its substance.
- The closure follows the dismissal of the main appeal as inadmissible.
- The applicant must bear his own costs, with no cost order against the Commission.
Obligations
What this law requires
Proceedings for interim measures under Articles 278 and 279 TFEU are ancillary to the main proceedings; where the main proceedings have ended, there is no longer any need for the Court to adjudicate on the interim measures application.
The Court dismissed the related main appeal as manifestly inadmissible under Article 181 of the Rules of Procedure, leaving no pending main case to support interim relief.
Because the interim-measures order was made before the European Commission was served and before it incurred costs, the appellant is to bear only his own costs.