The EU Court of First Instance suspends a Commission’s decision that ordered interim measures against a pharmaceutical company (IMS Health)

Case T-184/01 R IMS Health Inc. v Commission of the European Communities* 1. Two conditions must be satisfied before the Commission may take protective measures in the course of an ongoing investigation under Regulation No 17; protective measures may be granted only where the impugned practices are such as to constitute a breach of the Community rules on competition that could be sanctioned by a final decision of the Commission, and, secondly, only in cases of proven urgency in order to prevent a situation arising where it is likely that serious and irreparable damage to the party applying for their adoption, or intolerable damage to the public interest, will be caused. (see paras 52-55) 2. Under Articles 242 EC and 243 EC, the judge hearing an application for interim relief may, if he