Order of the President of the Court of 25 October 2012 — Hassan v Council(Case C-168/12 P(R))
Appeal – Application for interim measures – Restrictive measures against Syria – Freezing of funds and economic resources – Application for suspension of operation and interim measures – Lack of any urgency
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 at issue – Order
of priority of examination and method of verification – Assessment to be made by the court hearing an application for interim
measures (Art. 278 TFEU and 279 TFEU; Rules of Procedure of the Court, Art. 83, second para; Rules of Procedure of the General
Court, Article 104, second para) (see paras 22-25)
2.                     Application for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Serious
and irreparable damage – Burden of proof – Harm caused by the measures freezing funds and economic resources – Evidence capable
of proving such harm (Arts 278 TFEU and 279 TFEU) (see paras 27, 28, 33, 38-40, 60)
3.                     Application for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Serious
and irreparable damage – Unrepairable nature of the harm – Assessment solely on the basis of the uncertainty of obtaining
compensation for pecuniary damage if an action for damages is brought — Not permissible (Art. 278 TFEU and 279 TFEU; Rules
of Procedure of the Court, Art. 83, second para) (see paras 77-81)
Re:
Appeal brought against the order of the President of the General Court of 17 February 2012 in Case T-572/11 R
Hassan
v
Council
, rejecting the application for interim measures, in particular an application for suspension of the implementation of Council
Implementing Decision 2011/515/CFSP of 23 August 2011 implementing Decision 2011/273/CFSP concerning restrictive measures
against Syria (OJ 2011 L 218, p. 20), and of Council Implementing Regulation (EU) No 843/2011 of 23 August 2011 implementing
Regulation (EU) No 442/2011 concerning restrictive measures in view of the situation in Syria (OJ 2011 L 218, p. 1), in so
far as they concern the appellant.
Operative part
1.
The appeal is dismissed.
2.
Mr Hassan is ordered to pay the costs.