ORDER OF THE PRESIDENT OF THE GENERAL COURT

27 April 2010

European Parliament

v

U

‛Appeal — Civil service — Officials — Dismissal decision — Order of the President of the Civil Service Tribunal of the European Union in an application for interim measures — Lack of urgency’

Appeal:

against the Order of the President of the Civil Service Tribunal of the European Union of 18 December 2009 in Case F-92/09 R U v Parliament [2009] ECR-SC I-A-1-511 and II-A-1-2771, seeking to have that order set aside.

Held:

The Order of the President of the Civil Service Tribunal of the European Union of 18 December 2009 in Case F-92/09 R U v Parliament is set aside. The application for interim measures brought by Ms U is dismissed. Costs are reserved.

Summary

Application for interim measures — Conditions of admissibility — Application — Formal requirements — Statement of the pleas in law establishing a prima facie case for granting the measures sought — Lodging of an additional memorandum in order to remedy deficiencies — Incompatibility with the interim relief procedure

Appeal — Pleas in law — Distortion of the clear sense of the evidence — Material inaccuracy of findings of fact resulting from documents in the case — Incomplete examination of the facts — Admissibility

A complaint that the papers in the case at first instance do not justify a finding of urgency, which amounts to a claim that the inaccuracy of that finding results from the documents in the case and a complaint that the President of the Civil Service Tribunal did not conduct a full examination of the facts, is admissible at the appeal stage. (see para. 32) See: T-193/08 P Skareby v Commission [2009] ECR-SC I-B-1-83 and II-B-1-515, para. 48 and the case-law cited therein

The party seeking the interim measure must provide an accurate and comprehensive picture of his financial situation when he brings his application for interim relief. As is apparent from a reading of Article 35(1)(d) and Article 102(2) and (3) of the Rules of Procedure of the Civil Service Tribunal in conjunction with Article 44(1)(c) and Article 104(2) and (3) of the Rules of Procedure of the General Court, an application for interim relief must, in itself, enable the defendant to prepare its observations and the court hearing the application for interim relief to reach a decision, if necessary without any other supporting information, since the main factual and legal elements on which the application is based should be clear from its very wording. The applicant, who is thus required to produce documents providing an accurate and comprehensive picture of his financial situation, must supply the court hearing the application for interim relief with information on whether or not he might obtain social welfare or equivalent benefits, together with an attestation concerning his net wealth. The party seeking the interim measure should not be allowed to provide, at the appeal stage, additional evidence which he had omitted to produce before the President of the Civil Service Tribunal. An application for interim relief may not, as a rule, validly be supplemented by a memorandum lodged subsequently in order to remedy deficiencies, since allowing such an opportunity to ‘make good’ is incompatible not just with the speed required in applications for interim measures, but also, and particularly, with the spirit of Article 109 of the Rules of Procedure of the General Court, according to which, where an application for an interim measure is rejected, the party who made it may make a further application only if it is based on new facts. (see paras 40, 44, 50, 58) See: T-236/00 R Stauner and Others v Parliament and Commission [2001] ECR II-15, para. 34; Aden and Others v Council and Commission, paras 52 and 101 to 115; T-85/05 R Dimos Ano Liosion and Others v Commission [2005] ECR II-1721, para. 37; order of 29 January 2009 in T-352/08 R Pannon Hőerőmű v Commission, para. 31; order of 24 April 2009 in T-52/09 R Nycomed Danmark v EMEA, order of 4 February 2010 in T-385/05 TO R Portugal v Transnáutica and Commission, paras 11 to 13