Order — ECLI:EU:T:2014:763
Date: 2014-09-02
Language of the case: French
Court formation: Second Chamber
Subject matter: Provisions governing the Institutions
Procedure: Action for annulment - inadmissible
Origin: Italy

Summary examination of the main action by the court hearing the application for interim measures — Measure not producing binding legal effects — Measure not capable of being the subject-matter of an annulment action — Inadmissibility (Art. 278 TFEU; Rules of Procedure of the General Court, Art. 104(1)) (see paras 23-27) 2. Actions for annulment — Actionable measures — Concept — Measures producing binding legal effects — Decision to exclude an MEP taken by his political group — Measure not imputable to the Parliament — Not included — Declaration of the Parliament explaining the consequences of excluding an MEP from his political group — Measure affecting only the internal organisation of the Parliament — Not included — No infringement of the right to an effective remedy (Art. 6(1) TEU; Art. 263 TFEU; Charter of Fundamental Rights of the European Union, Art. 47) (see paras 27, 28, 32, 33) 3. Application for interim measures — Suspension of operation of a measure — Interim measures — Conditions for granting — Prima facie case — Urgency — Serious and irreparable damage — Cumulative requirements (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see para. 39) 4. Application for interim measures — Suspension of operation of a measure — Interim measures — Conditions for granting — Urgency — Serious and irreparable damage — Burden of proof — Damage arising from the exclusion of an MEP from his political group — Included — Not serious in nature — No urgency (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 42-46, 50) Re: APPLICATION to suspend the enforcement of the measure of the European Parliament taken in the form of a declaration of its President at the plenary session of 10 June 2013, according to which, as from 3 June 2013, the applicant is to be regarded as a non-attached member and is thus excluded from the political group ‘Europe of Freedom and Democracy’ as from that date. Operative part 1. The application for interim relief is dismissed. 2. Costs are reserved.