Order — ECLI:EU:F:2015:1
Date: 2015-01-12
Language of the case: French
Court formation: First Chamber
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Procedure: Staff cases

Summary 1. Application for interim measures — Jurisdiction of the Court hearing the application for interim relief — Issuing of interim directions (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the Civil Service Tribunal, Art. 102) 2. Application for interim measures — Suspension of operation of a measure — Interim measures — Conditions for granting — Prima facie case — Urgency — Serious and irreparable damage (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the Civil Service Tribunal, Art. 102(2)) 1. It is clear from Article 102 of the Rules of Procedure of the Civil Service Tribunal that the purpose of the procedure for interim relief is only to guarantee the full effectiveness of the definitive future decision. Consequently, that procedure is merely ancillary to the main action to which it is an adjunct, so that the decision made by the judge hearing an application for interim measures must by its nature be interim in the sense that it must not either prejudge the future decision on the substance of the case or render it illusory by depriving it of effectiveness. That being so, it must be held that an application for annulment of the appointment of the Director of the Interpretation Directorate as the initial assessor for a reporting period is not interim in nature and that it thus falls outside the jurisdiction of the judge hearing the application for interim measures. (see paras 13, 14) See: judgment in EMA v InterMune UK and Others, C‑390/13 P(R), EU:C:2013:795, para. 37 judgment in Alstom v Commission, T‑164/12 R, EU:T:2012:637, para. 30 2. A lack of impartiality and a breach of the duty to provide assistance cannot be regarded as exposing, ipso facto, an applicant to the risk of serious and irreparable harm, otherwise the requirements of a prima facie case and urgency would be conflated, whereas it is clear from Article 102(2) of the Rules of Procedure of the Civil Service Tribunal that these are two separate conditions. (see para. 20)