Order — ECLI:EU:T:2018:457
Date: 2018-07-12
Language of the case: French
Court formation: President of the Chamber
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Procedure: Staff cases;Application for interim measures - unfounded;Application for interim measures - inadmissible;Application for interim measures - decision unnecessary

Order of the President of the General Court of 14 February 2019 – PV v Commission (Case T‑224/18 RII) (Interim measures — Civil Service — Disciplinary proceedings — Setting the salary at ‘zero’ — Change of circumstances — Inadmissibility — No new facts) 1. Application for interim measures — Suspension of operation of a measure — Interim measures — Modification or withdrawal — Condition — Application for modification brought after dismissal of the initial application — Inadmissibility (Arts 278 and 279 TFEU; Rules of Procedure of the General Court, Art. 159) (see paras 24–26) 2. Application for interim measures — Suspension of operation of a measure — Dismissal of application — Possibility of bringing a new application — Condition — New facts — Meaning (Arts 278 and 279 TFEU; Rules of Procedure of the General Court, Art. 160) (see paras 27, 40) 3. Officials — Disciplinary measures — Disciplinary proceedings — Disciplinary and criminal proceedings conducted in parallel on the basis of the same facts — Suspension of the disciplinary proceedings — Applicability to criminal proceedings commenced by an official in relation to a colleague — Absence (Staff Regulations of Officials, Annex IX, Art. 25) (see para. 30) 4. Application for interim measures — Suspension of operation of a measure — Interim measures — Conditions for granting — Prima facie case — Urgency — Cumulative nature — Discretion of the court hearing the application for interim relief — Limits (Arts 278 and 279 TFEU; Rules of Procedure of the General Court, Art. 156) (see paras 34–38) Re: Application based on Articles 278 and 279 TFEU seeking suspension of operation, first, of the disciplinary proceedings CMS 17/025 and, secondly, of the decision to set the applicant’s salary at zero. Operative part 1. The application for interim measures is dismissed. 2. The costs are reserved.