ECJR-84 (Rules of Procedure)

7 According to article 84 (2) of the rules of procedure, the president may grant an application for interim measures even before the observations of the opposite party have been submitted. That decision may be varied or cancelled even without any application being made by any party.
    8 It appears necessary to make use of this power in the present case so as to ensure that the application for interim measures is not prejudiced by the existence of a fait accompli. If the contract in question were awarded before the application for interim measures is decided, difficult questions might arise as to the possibility of subsequently cancelling it. Moreover, the commission states that other phases of the scheme (for example, the pumping station ) are still at the design stage and that a delay in the award is therefore unlikely to delay the ultimate objective of increasing water supply in the Dundalk area. The interests of justice and of the parties involved can therefore best be maintained by an order maintaining the status quo until there has been the possibility of hearing the parties and deciding the application for interim measures with all due deliberation.