| | CFIR-65 (Rules of Procedure)Measures of inquiry    
| CFI (Rules of Procedure) | Article 68.1 | Without prejudice to Articles 24 and 25 of the Statute of the Court of Justice, the following measures of inquiry may be adopted:
(a) the personal appearance of the parties;
(b) a request for information and production of documents;
(c) oral testimony;
(d) the commissioning of an expert’s report;
(e) an inspection of the place or thing in question. |
| Case | Pte | Ref | Text | T-41/08-R
Vakakis International | 76-78 | CFIR-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-303/04-R2
European Dynamics | 81-83 | CFIR-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 | 88-90 | CFIR-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. |
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