Information;Order — ECLI:EU:C:2023:262
Date: 2023-03-28
Language of the case: English
Court formation: Vice-President
Subject matter: External relations;Provisions governing the Institutions;Common foreign and security policy
Procedure: Action for annulment;Appeal;Arbitration clause;Judgment delivered after back reference;Application for interim measures - unfounded;Action for damages
Origin: United Kingdom

Order of the Vice-President of the Court of 28 March 2023 – Eulex Kosovo v SC (Case C‑785/22 P-R) (Interim relief – Article 278 TFEU – Appeal – Application for suspension of operation of a measure – Judgment of the General Court of the European Union given by default – Urgency – Pecuniary damage) 1. Interim relief – Procedure – Jurisdiction of the Vice-President of the Court to rule on an application for interim measures – Scope – Stay of execution of a judgment of the General Court against which an appeal has been brought – Relationship with the stay of execution of a judgment by default given by the General Court – Different purposes (Art. 278 TFEU; Statute of the Court of Justice, Art. 39; Rules of Procedure of the Court of Justice, Art. 161(1); Rules of Procedure of the General Court, Art. 123(4); Decision of the Court of Justice 2012/671, Art. 1) (see paragraphs 18-24) 2. 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 278 and 279 TFEU; Rules of Procedure of the Court of Justice, Art. 160(3)) (see paragraphs 30-32) 3. Interim relief – Suspension of operation of a measure – Interim measures – Conditions for granting – Serious and irreparable damage – Burden of proof (Arts 278 and 279 TFEU; Rules of Procedure of the Court of Justice, Art. 160(3)) (see paragraph 34) 4. Interim relief – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency – Serious and irreparable damage – Financial loss – Damage capable of being remedied subsequently by pecuniary compensation – Damage which cannot be regarded as irreparable – No urgency (Arts 278 and 279 TFEU; Rules of Procedure of the Court of Justice, Art. 160(3)) (see paragraphs 35-39) Operative part 1. The application for interim measures is dismissed. 2. The costs are reserved.