Order of the President of the Court of 19 July 2012 — Akhras v Council

(Case C-110/12 P(R))

‛Appeal — Application for interim measures — Restrictive measures against Syria — Freezing of funds and economic resources — Application for suspension of operation of measures and for interim measures — No urgency — No serious and irreparable damage’

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 — Order of examination and method of verification — Discretion of the court hearing an application for interim relief (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 21-23)

2. Application for interim measures — Suspension of operation of a measure — Conditions for granting — Urgency — Serious and irreparable damage — Application for suspension based on the provision permitting account to be taken of the effects of the judgment annulling a regulation as of the dismissal of the appeal — Application not based on the absence of serious and irreparable damage (Art. 278 TFEU; Statute of the Court of Justice, Art. 60(2)) (see paras 27, 28)

3. Appeals — Grounds — Erroneous assessment of the facts — Inadmissibility — Review by the Court of the assessment of the facts and evidence — Possible only where the clear sense of the evidence has been distorted (Art. 256 TFEU; Statute of the Court of Justice, Art. 58(1)) (see paras 33, 34)

4. Application for interim measures — Suspension of operation of a measure — Conditions for granting — Urgency — Serious and irreparable damage — Burden of proof — Damage caused by measures seeking to freeze funds and economic resources — Evidence capable of showing such damage (Art. 278 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 42–51)

5. Application for interim measures — Conditions of admissibility — Application — Formal requirements — Statement of pleas in law establishing a prima facie case for granting the measures sought (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 55, 56)

6. Application for interim measures — Procedure — Whether it is desirable to hear oral argument from the parties — Discretion of the court hearing an application for interim relief (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 105(2)) (see paras 57–59)

Re:

Appeal brought against the order of the President of the General Court of the European Union of 12 December 2011 in Case T-579/11 R Akhras v Council, by which that court rejected the application for interim measures and the suspension of operation of Council Decision 2011/522/CFSP of 2 September 2011 amending Decision 2011/273/CFSP concerning restrictive measures against Syria (OJ 2011 L 228, p. 16), Council Regulation (EU) No 878/2011 of 2 September 2011 amending Regulation (EU) No 442/2011 concerning restrictive measures in view of the situation in Syria (OJ 2011 L 228, p. 1), Council Decision 2011/628/CFSP of 23 September 2011 amending Decision 2011/273/CFSP concerning restrictive measures against Syria (OJ 2011 L 247, p. 17) and Council Regulation (EU) No 1011/2011 of 13 October 2011 amending Regulation No 442/2011 (OJ 2011 L 269, p. 18), to the extent that those measures affect the appellant.

Operative part

1. Dismisses the appeal.

2. Orders Mr Akhras to pay the costs.

Order of the President of the Court of 19 July 2012 — Akhras v Council

(Case C-110/12 P(R))

‛Appeal — Application for interim measures — Restrictive measures against Syria — Freezing of funds and economic resources — Application for suspension of operation of measures and for interim measures — No urgency — No serious and irreparable damage’

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 — Order of examination and method of verification — Discretion of the court hearing an application for interim relief (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 21-23)

2. Application for interim measures — Suspension of operation of a measure — Conditions for granting — Urgency — Serious and irreparable damage — Application for suspension based on the provision permitting account to be taken of the effects of the judgment annulling a regulation as of the dismissal of the appeal — Application not based on the absence of serious and irreparable damage (Art. 278 TFEU; Statute of the Court of Justice, Art. 60(2)) (see paras 27, 28)

3. Appeals — Grounds — Erroneous assessment of the facts — Inadmissibility — Review by the Court of the assessment of the facts and evidence — Possible only where the clear sense of the evidence has been distorted (Art. 256 TFEU; Statute of the Court of Justice, Art. 58(1)) (see paras 33, 34)

4. Application for interim measures — Suspension of operation of a measure — Conditions for granting — Urgency — Serious and irreparable damage — Burden of proof — Damage caused by measures seeking to freeze funds and economic resources — Evidence capable of showing such damage (Art. 278 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 42–51)

5. Application for interim measures — Conditions of admissibility — Application — Formal requirements — Statement of pleas in law establishing a prima facie case for granting the measures sought (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 55, 56)

6. Application for interim measures — Procedure — Whether it is desirable to hear oral argument from the parties — Discretion of the court hearing an application for interim relief (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 105(2)) (see paras 57–59)

Re:

Appeal brought against the order of the President of the General Court of the European Union of 12 December 2011 in Case T-579/11 R Akhras v Council, by which that court rejected the application for interim measures and the suspension of operation of Council Decision 2011/522/CFSP of 2 September 2011 amending Decision 2011/273/CFSP concerning restrictive measures against Syria (OJ 2011 L 228, p. 16), Council Regulation (EU) No 878/2011 of 2 September 2011 amending Regulation (EU) No 442/2011 concerning restrictive measures in view of the situation in Syria (OJ 2011 L 228, p. 1), Council Decision 2011/628/CFSP of 23 September 2011 amending Decision 2011/273/CFSP concerning restrictive measures against Syria (OJ 2011 L 247, p. 17) and Council Regulation (EU) No 1011/2011 of 13 October 2011 amending Regulation No 442/2011 (OJ 2011 L 269, p. 18), to the extent that those measures affect the appellant.

Operative part

1. Dismisses the appeal.