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.

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.