Order — ECLI:EU:T:2010:441
Date: 2010-10-19
Language of the case: Italian
Court formation: President of the Chamber
Subject matter: Provisions governing the Institutions
Procedure: Action for annulment;Application for interim measures - unfounded
Origin: Italy

Order of the President of the General Court of 19 October 2010 – Nencini v Parliament (Case T-431/10 R) Interim measures – Member of the European Parliament – Recovery of allowances paid in reimbursement of parliamentary assistance expenses and travel costs – Application for stay of execution – Lack of urgency 1. Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Prima facie case – Serious and irreparable damage – Cumulative nature – Discretion of the judge dealing with the application for interim relief (Arts 256(1) TFEU, 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 8-9) 2. Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency – Serious and irreparable damage – Burden of proof – Decision of the European Parliament finding an obligation to recover allowances unduly paid to one of its Members – Situation entailing mere inconvenience for the applicant – Decision without enforcement measures – No imminent risk of serious financial loss – No urgency (Arts 256(1) TFEU, 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 12-17) 3. Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Urgency – Serious and irreparable damage – Decision of the European Parliament finding an obligation to recover allowances unduly paid to one of its Members – Parliament needing to bring proceedings before a competent national court where voluntary payment refused – No urgency (Arts 256(1) TFEU, 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see para. 19) Re: APPLICATION for stay of execution of a number of acts of the Parliament relating to the recovery of parliamentary allowances wrongly received. Operative part 1. 1. The application for interim measures is dismissed. 2. 2. Costs are reserved.