Order — ECLI:EU:T:2011:553
Date: 2011-09-30
Language of the case: French
Court formation: President of the Chamber
Subject matter: Provisions governing the Institutions
Procedure: Action for annulment;Application for interim measures - unfounded;Action for damages
Origin: France

Order of the President of the General Court of 30 September 2011 – Gollnisch v Parliament (Case T-346/11 R) Interim measures – Waiving of the immunity of a member of the European Parliament – Application for suspension of operation – Lack of urgency 1. Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Prima facie case – Urgency – Cumulative nature – Balancing of all the interests involved – Order of examination and method of verification – Discretion of the judge dealing with 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 11-13, 27) 2. Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency – Serious and irreparable damage – Burden of proof – Decision of the European Parliament waiving the immunity of a Member – No undermining of the right freely to exercise the parliamentary mandate and the proper function of the Parliament – No urgency (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 16, 23-26) 3. Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency – Serious and irreparable damage – Account to be taken of the manifest illegality of the contested measure – Burden of proof (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 18-19) 4. Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency – Serious and irreparable damage – Burden of proof – Realisation of the damage depending on future and uncertain events – Lack of urgency (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 21-22) Re: APPLICATION for suspension of operation of the decision of the European Parliament of 10 May 2011 waiving the applicant’s immunity. Operative part 1. The application for interim measures is dismissed. 2. Costs are reserved.