Order of the President of the General Court of 18 May 2017 —

RW v Commission

(Case T‑170/17 R)

(Interim measures — Civil Service — Officials — Requirement to take leave and compulsory retirement — Retirement age — Article 42c of the Staff Regulations — Application for a stay of execution — Fumus boni juris — Urgency — Balance of interests)

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 involved—Order of examination and method of verification—Discretion of the court hearing the application for interim relief (Arts 256(1) TFEU, 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 156(4)) (see paras 21-24)

2. Application for interim measures—Admissibility criteria—Application—Formal requirements—Pleas establishing a prima facie case for the measures applied for (Art. 278 TFEU; Rules of Procedure of the General Court, Art. 156(4)) (see paras 25-27)

3. Application for interim measures—Suspension of operation of a measure—Interim measures—Conditions for granting—Prima facie case—Prima facie examination of the pleas in law put forward in support of the main action—Action against a decision of an institution both placing an official on leave in the interests of the service and in compulsory retirement—Plea concerning infringement of the staff regulations—Plea not prima facie lacking in foundation (Arts 278 TFEU and 279 TFEU; Staff Regulations, Arts 42c and 52 and Annex XIII, Arts 22 and 23; European Parliament and Council Regulation No 1023/2013, first, third, seventh and fourteenth recitals) (see paras 29, 40, 43-46, 50, 57, 62)

4. Application for interim measures—Suspension of operation of a measure—Interim measures—Conditions for granting—Urgency—Serious and irreparable damage—Burden of proof—Purely hypothetical damage based on the happening of future and uncertain events—Insufficient to demonstrate urgency (Arts 278 TFEU and 279 TFEU) (see paras 72, 73)

5. Application for interim measures—Suspension of operation of a measure—Interim measures—Conditions for granting—Urgency—Serious and irreparable damage—Decision of an institution both placing an official on leave in the interests of the service and in compulsory retirement—Definitive deprivation of the official’s right to continue to exercise his functions until the end of his career—Irreparable nature of the damage (Arts 278 TFEU and 279 TFEU; Staff Regulations, Arts 35, 42c and 47) (see paras 75, 81-88)

6. Application for interim measures—Suspension of operation of a measure—Conditions for granting—Balancing of all the interests involved—Decision of an institution both placing an official on leave in the interests of the service and in compulsory retirement—Interests of the official taking priority over those of the institution (Arts 278 TFEU and 279 TFEU) (see paras 90, 93)

Re:

APPLICATION on the basis of Articles 278 TFEU and 279 TFEU seeking a stay of execution of the Commission’s decision of 2 March 2017 placing the applicant on leave in the interests of the service and compulsorily retiring him with effect from 1 June 2017.

Operative part

1. The execution of the Commission’s decision of 2 March 2017 placing the applicant on leave in the interests of the service and compulsorily retiring him with effect from 1 June 2017 is stayed.