Order of the President of the General Court of 8 January 2014 — Stichting Sona and Nao v Commission

(Case T‑505/13 R)

‛Interim measures — Arrangements for the association of overseas countries and territories — 10th European Development Fund — Implementing rules — Netherlands Antilles — Application for suspension of implementation — Application for interim measures — Whether admissible’

1. Application for interim measures — Jurisdiction of the Court hearing the application for interim relief — Limits — Application for suspension of a measure not yet adopted — No jurisdiction — Inadmissibility (Arts 278 TFEU and 279 TFEU) (see paras 31, 32)

2. Application for interim measures — Suspension of operation of a measure — Conditions for granting — Interest of the applicant in obtaining the suspension — Negative administrative decision — Suspension incapable of altering the applicant’s situation — Exclusion unless exception (Art. 278 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 36, 37)

3. Application for interim measures — Interim measures — Aim — Full effectiveness of the future decision on the merits without prejudging its sense or depriving it of effect — Application seeking measures outside the scope of the main proceedings and assuming consequences of the decision in the main proceedings not able to be predicted with certainty — Not permissible (Arts 266 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104) (see paras 40, 41, 43-46, 48)

4. Application for interim measures — Interim measures — Conditions for granting — Urgency — Need rapidly to remedy a flagrant and very serious illegality — Included (Art. 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see para. 49)

5. Application for interim measures — Suspension of operation of a measure — Community law — Prima facie admissibility of the main action (Arts 263 TFEU and 278 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 50-52)

6. Application for interim measures — Community law — Application — Formal requirements — Pleas establishing a prima facie case for the measures applied for — No concrete and precise indications, supported by detailed documentary evidence, as to the financial loss alleged — Inadmissibility (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 57, 58)

7. Judicial proceedings — Measures of organisation of procedure — Discretion of the court hearing the application for interim relief (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 64) (see para. 63)

Re:

APPLICATION (i) for suspension of the implementation of the Commission’s decision to designate International Management Group as the body to which powers are delegated in the context of the indirect centralised management of resources required to implement the single programming document for the Netherlands Antilles under the 10th European Development Fund and (ii) requesting the General Court provisionally to order the Commission to enter into negotiations with the applicants in good faith with a view to concluding a delegation agreement entrusting Stichting Sona with the tasks for the implementation of the 10th European Development Fund concerning the Netherlands Antilles, pending publication of the final report of the European Anti-Fraud Office following the investigation of the drainage project on the island of Bonaire.

Operative part

1. The application for interim measures is dismissed.

2. Costs are reserved.

Order of the President of the General Court of 8 January 2014 — Stichting Sona and Nao v Commission

(Case T‑505/13 R)

‛Interim measures — Arrangements for the association of overseas countries and territories — 10th European Development Fund — Implementing rules — Netherlands Antilles — Application for suspension of implementation — Application for interim measures — Whether admissible’

1. Application for interim measures — Jurisdiction of the Court hearing the application for interim relief — Limits — Application for suspension of a measure not yet adopted — No jurisdiction — Inadmissibility (Arts 278 TFEU and 279 TFEU) (see paras 31, 32)

2. Application for interim measures — Suspension of operation of a measure — Conditions for granting — Interest of the applicant in obtaining the suspension — Negative administrative decision — Suspension incapable of altering the applicant’s situation — Exclusion unless exception (Art. 278 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 36, 37)

3. Application for interim measures — Interim measures — Aim — Full effectiveness of the future decision on the merits without prejudging its sense or depriving it of effect — Application seeking measures outside the scope of the main proceedings and assuming consequences of the decision in the main proceedings not able to be predicted with certainty — Not permissible (Arts 266 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104) (see paras 40, 41, 43-46, 48)

4. Application for interim measures — Interim measures — Conditions for granting — Urgency — Need rapidly to remedy a flagrant and very serious illegality — Included (Art. 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see para. 49)

5. Application for interim measures — Suspension of operation of a measure — Community law — Prima facie admissibility of the main action (Arts 263 TFEU and 278 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 50-52)

6. Application for interim measures — Community law — Application — Formal requirements — Pleas establishing a prima facie case for the measures applied for — No concrete and precise indications, supported by detailed documentary evidence, as to the financial loss alleged — Inadmissibility (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 57, 58)

7. Judicial proceedings — Measures of organisation of procedure — Discretion of the court hearing the application for interim relief (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 64) (see para. 63)

Re:

APPLICATION (i) for suspension of the implementation of the Commission’s decision to designate International Management Group as the body to which powers are delegated in the context of the indirect centralised management of resources required to implement the single programming document for the Netherlands Antilles under the 10th European Development Fund and (ii) requesting the General Court provisionally to order the Commission to enter into negotiations with the applicants in good faith with a view to concluding a delegation agreement entrusting Stichting Sona with the tasks for the implementation of the 10th European Development Fund concerning the Netherlands Antilles, pending publication of the final report of the European Anti-Fraud Office following the investigation of the drainage project on the island of Bonaire.

Operative part

1. The application for interim measures is dismissed.