Judgment — ECLI:EU:T:2018:822
Date: 2018-11-22
Language of the case: French
Court formation: Fifth Chamber, Extended Composition
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Procedure: Action for damages - unfounded;Staff cases - successful

Order of the President of the General Court of 17 February 2017 — Janssen-Cases v Commission (Case T‑688/16 R) (Interim proceedings — Civil service — Vacancy notice — Commission’s ombudsman — Application for a stay in execution — No urgency) 1. Application for interim measures — Suspension of operation of a measure — Interim measures — Conditions for granting — Prima facie case — Urgency — Serious and irreparable damage — Cumulative nature — Order of examination and method of verification — Discretion of the court hearing the application for interim relief — Balancing of all the interests involved (Arts 256(1) TFEU, 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 156(4)) (see paras 14-16) 2. Application for interim measures — Suspension of operation of a measure — Conditions for granting — Urgency — Non-material damage not capable of being better remedied at the interim stage than in the main proceedings — None (Arts 256(1) TFEU, 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 156(4)) (see para. 20) 3. Application for interim measures — Suspension of operation of a measure — Interim measures — Conditions for granting — Urgency — Serious and irreparable damage — Burden of proof — Statements of the applicant concerning statements deemed to have been made during a meeting (Arts 256(1) TFEU, 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 156(4)) (see paras 23, 26) 4. Application for interim measures — Suspension of operation of a measure — Interim measures — Conditions for granting — Urgency — Serious and irreparable damage — Burden of proof — Whether the risk materialises dependent on uncertain, future events — No urgency — Renewal of the mandate of an official dependent on the will of the administration — No urgency (Arts 256(1) TFEU, 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 156(4)) (see para. 27) Re: APPLICATION based on Articles 278 and 279 TFEU and seeking a stay in the execution of the Commission’s decision of 15 June 2016, appointing Mr X. as the Commission’s ombudsman, with effect as of 1 October 2016. Operative part 1. The application for interim measures is dismissed. 2. Costs are reserved.