Order — ECLI:EU:T:2025:799
Date: 2025-08-21
Language of the case: English
Court formation: Fifth Chamber
Procedure: Action for damages;Application for interim measures - decision unnecessary
Origin: Sweden

ORDER OF THE PRESIDENT OF THE GENERAL COURT 21 August 2025 (*) ( Interim relief — Dismissal of the main action — No need to adjudicate ) In Case T‑421/25 R, Alireza Malekzadeh Arasteh, residing in Partille (Sweden), represented by himself, applicant, v European Commission, defendant, THE PRESIDENT OF THE GENERAL COURT makes the following Order 1 By his application based on Articles 278 and 279 TFEU, the applicant, Mr Alireza Malekzadeh Arasteh, requests that the President of the General Court order the European Commission to adopt provisional steps toward initiating infringement proceedings against the Kingdom of Sweden or, in the alternative, formally to reconsider his complaint under Article 258 TFEU within a set time limit. 2 By application lodged at the Registry of the General Court on 2 July 2025, the applicant brought an action based, in essence, on Article 268 and the second paragraph of Article 340 TFEU, seeking compensation for the damage allegedly caused to him by the European Commission’s failure to initiate infringement proceedings against the Kingdom of Sweden. 3 By separate document lodged at the Court Registry on 29 July 2025, the applicant submitted the present application for interim relief. 4 By order of today’s date, Arasteh v Commission (T‑421/25, not published), the General Court dismissed the action in the main case, on the basis of Article 126 of the Rules of Procedure of the General Court, as manifestly inadmissible. 5 Consequently, in view of the ancillary nature of the proceedings for interim relief in relation to the proceedings in the main case, there is no longer any need to adjudicate on the present application for interim relief. 6 In accordance with Article 133 of the Rules of Procedure, a decision as to costs is to be given in the judgment or order which closes the proceedings. Given that, in the order dismissing the action in the main case as manifestly inadmissible, a ruling was given only on the costs relating to the proceedings in the main case, it is for the judge hearing the application for interim relief to rule on the costs relating to the present application for interim relief. 7 As set out in Article 137 of the Rules of Procedure, where a case does not proceed to judgment, the costs are to be in the discretion of the Court. 8 Since the present order has been adopted before the application for interim relief has been served on the Commission and before the latter could have incurred costs, it must be ordered that the applicant bear his own costs. On those grounds, THE PRESIDENT OF THE GENERAL COURT hereby orders: 1. There is no longer any need to rule on the application for interim relief. 2. Mr Alireza Malekzadeh Arasteh shall bear his own costs. Luxembourg, 21 August 2025. V. Di Bucci M. van der Woude Registrar President * Language of the case: English.