Order — ECLI:EU:T:2014:1104
Date: 2014-12-12
Language of the case: French
Court formation: Third Chamber
Subject matter: External relations;Common foreign and security policy
Procedure: Action for annulment - inadmissible

Order of the President of the General Court of 20 August 2014 — Alsharghawi v Council (Case T‑532/14 R) Interim measures — Common foreign and security policy — Restrictive measures taken in view of the situation in Libya — List of persons and entities to which those measures apply — Application for suspension of operation — Lack of urgency — Weighing of interests 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 — 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) TFEU, 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 14-16) 2. Application for interim measures — Suspension of operation of a measure — Interim measures — Conditions for granting — Urgency — Serious and irreparable damage — Burden of proof (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 22, 23) 3. Application for interim measures — Suspension of operation of a measure — Conditions for granting — Balancing of all the interests involved — Decision to freeze funds in the context of restrictive measures against Libya — Competence of the EU judicature to annul the measure, at the earliest, after the expiry of the period for lodging an appeal — Interest of the applicant not capable of protection by the court hearing the application for interim measures (Arts 264, second para., TFEU and 278 TFEU; Statute of the Court of Justice, Art. 60, second para.; Rules of Procedure of the General Court, Art. 107(3); Council Decisions 2011/137/CFSP and 2011/178/CFSP) (see paras 30, 34-37) Re: APPLICATION for suspension of operation of Council Decision 2011/137/CFSP of 28 February 2011 concerning restrictive measures in view of the situation in Libya (OJ 2011 L 58, p. 53) and Council Decision 2011/178/CFSP of 23 March 2011 amending Decision 2011/137/CFSP (OJ 2011 L 78, p. 24) in so far as they concern the applicant. Operative part 1. The application for interim measures is dismissed. 2. Costs are reserved.