Order;Information — ECLI:EU:T:2023:328
Date: 2023-06-09
Language of the case: French
Court formation: President of the Chamber
Subject matter: Provisions governing the Institutions
Procedure: Action for annulment;Application for interim measures - unfounded;Action for damages
Origin: Belgium

Order of the President of the General Court of 9 June 2023 – FFPE section Council v Council (Case T‑179/23 R) (Interim relief – Law governing the institutions – Trade union or professional associations (OSPs) – Agreement concluded between the Council and the OSPs of the General Secretariat of the Council – Procedure for verifying the criteria for the recognition and the representativeness of the OSPs – Suspension of rights flowing from the agreement of an OSP not reaching the threshold of representativeness – Application for suspension of operation of a measure – No urgency) 1. Interim relief – Suspension of operation of a measure – Interim measures – Conditions for granting – Prima facie case – Urgency – Serious and irreparable damage – Cumulative nature – Balancing of all the interests involved – Order of examination and method of verification – Discretion of the court hearing the application for interim relief (Arts 256(1), 278 and 279 TFEU; Rules of Procedure of the General Court, Art. 156(4)) (see paragraphs 13-16) 2. Interim relief – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency – Serious and irreparable damage – Burden of proof (Arts 278 and 279 TFEU; Rules of Procedure of the General Court, Art. 156) (see paragraph 19) 3. Interim relief – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency – Council decision on the outcome of the procedure verifying the criteria of representativeness of trade unions and staff associations of the staff in the Council’s General Secretariat – Loss of members and a threat to the existence of the applicant – Lack of diligence by the applicant taken into account – No urgency (Arts 278 and 279 TFEU; Rules of Procedure of the General Court, Art. 156) (see paragraphs 22, 24-26) 4. Interim relief – Suspension of operation of a measure – Interim measures – Conditions for granting – Serious and irreparable damage – Loss of members and a threat to the existence of the applicant – Possibility of the applicant continuing its activities and regaining a sufficient number of members to achieve representativeness – Damage which cannot be regarded as irreparable (Arts 278 and 279 TFEU; Rules of Procedure of the General Court, Art. 156(3)) (see paragraphs 30-32) Operative part 1. The application for interim measures is dismissed. 2. The costs are reserved.