Order of the President of the General Court of 17 February 2012 — Hassan v Council

(Case T-572/11 R)

‛Interim measures — Common foreign and security policy — Restrictive measures against Syria — Freezing of funds and economic resources — Application for interim measures — Lack of urgency — Weighing up 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. 104(2)) (see paras 14-16)

2. Application for interim measures — Suspension of operation of a measure — Interim measures — Conditions for granting — Urgency — Serious and irreparable damage — Causal link between the alleged damage and the contested act — Burden of proof (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 21, 22)

3. Application for interim measures — Suspension of operation of a measure — Interim measures — Conditions for granting — Urgency — Serious and irreparable damage — Financial loss — Situation which could jeopardise the existence of the applicant company — Assessment in the light of the situation of the group to which the applicant belongs — Application to a natural person exercising control over that company (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 33-36)

4. Application for interim measures — Suspension of operation of a measure — Interim measures — Conditions for granting — Urgency — Serious and irreparable damage — Financial loss — Situation which could jeopardise the existence of the applicant company — Burden of proof (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 38-40)

5. Application for interim measures — Suspension of operation of a measure — Conditions for granting — Serious and irreparable damage — Financial loss — Damage which may subsequently be made good by compensation or by means of an action for damages — Damage which cannot be regarded as irreparable (Arts 268 TFEU, 278 TFEU and 340 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see para. 47)

6. Application for interim measures — Suspension of operation of a measure — Conditions for granting — Urgency — Serious and irreparable damage — Burden of proof — Serious and irreparable damage for the applicant — Interest of the applicant affected — Interests of third parties affected — Not included (Art. 278 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see para. 50)

7. Application for interim measures — Suspension of operation of a measure — Conditions for granting — Balancing of all the interests involved — Concept (Art. 278 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 53, 54)

Re:

APPLICATION for interim measures, in particular, application for suspension of operation 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) insofar as those texts refer to the applicant.

Operative part

1. The application for interim measures is dismissed.

2. Costs are reserved.

Order of the President of the General Court of 17 February 2012 — Hassan v Council

(Case T-572/11 R)

‛Interim measures — Common foreign and security policy — Restrictive measures against Syria — Freezing of funds and economic resources — Application for interim measures — Lack of urgency — Weighing up 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. 104(2)) (see paras 14-16)

2. Application for interim measures — Suspension of operation of a measure — Interim measures — Conditions for granting — Urgency — Serious and irreparable damage — Causal link between the alleged damage and the contested act — Burden of proof (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 21, 22)

3. Application for interim measures — Suspension of operation of a measure — Interim measures — Conditions for granting — Urgency — Serious and irreparable damage — Financial loss — Situation which could jeopardise the existence of the applicant company — Assessment in the light of the situation of the group to which the applicant belongs — Application to a natural person exercising control over that company (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 33-36)

4. Application for interim measures — Suspension of operation of a measure — Interim measures — Conditions for granting — Urgency — Serious and irreparable damage — Financial loss — Situation which could jeopardise the existence of the applicant company — Burden of proof (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 38-40)

5. Application for interim measures — Suspension of operation of a measure — Conditions for granting — Serious and irreparable damage — Financial loss — Damage which may subsequently be made good by compensation or by means of an action for damages — Damage which cannot be regarded as irreparable (Arts 268 TFEU, 278 TFEU and 340 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see para. 47)

6. Application for interim measures — Suspension of operation of a measure — Conditions for granting — Urgency — Serious and irreparable damage — Burden of proof — Serious and irreparable damage for the applicant — Interest of the applicant affected — Interests of third parties affected — Not included (Art. 278 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see para. 50)

7. Application for interim measures — Suspension of operation of a measure — Conditions for granting — Balancing of all the interests involved — Concept (Art. 278 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 53, 54)

Re:

APPLICATION for interim measures, in particular, application for suspension of operation 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) insofar as those texts refer to the applicant.

Operative part

1. The application for interim measures is dismissed.