Order — ECLI:EU:C:2009:324
Date: 2009-05-19
Language of the case: German
Court formation: Eighth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Provisions governing the Institutions
Concepts: Application for interim measures: suspension of operation of the contested measure and other interim measures
Procedure: Action for annulment;Appeal - unfounded;Appeal - inadmissible
Origin: Austria

Order of the President of the Court of 19 May 2009 – Kronberger v Parliament (Case C‑349/08 P-R) Application for interim measures – Inadmissibility of the main proceedings 1. Appeals – Grounds – Mistaken assessment of the facts – Inadmissibility – Review by the Court of Justice of the assessment of the facts put before the Court of First Instance – Possible only where the clear sense of the evidence has been distorted (Art. 225 EC; Statute of the Court of Justice, Art. 58, first para.) (see paras 34-36) 2. Appeals – Grounds – Mere repetition of the pleas and arguments put forward before the Court of First Instance – Inadmissibility (Art. 225 EC; Statute of the Court of Justice, Art. 58, first para.; Rules of Procedure of the Court of Justice, Art. 112(1)(c)) (see paras 37-41) Re: Application for interim measures – Application for provisional measures annulling the award of a legislative mandate in the European Parliament to Mr Andreas Mölzer and awarding that mandate to the applicant. Operative part: 1. There is no further need to adjudicate on the application for interim measures. 2. Mr Kronberger shall pay his own costs.