Question juridique clé
Whether the appeal against the refusal of interim measures was admissible despite being directed at a interlocutory decision.
Solution extraite
The appeal was inadmissible because no irreparable harm was shown.
Motifs extraits
The contested ruling was an interlocutory decision under Art. 93(1) BGG. The alleged harm was not irreversible since any success on the merits would lead to retroactive approval of the tariffs from 1 January 2007.