Keywords

Subject of the case

Operative part



Keywords

Application for interim measures — Suspension of operation of a measure — Conditions for granting — Measures to freeze funds or economic resources — Taking account of the purpose of the freeze and of the necessity of ensuring that it is effective — Financial support given by the group of companies to which the applicant belongs in order to ensure the continued existence of the undertaking is not decisive, for it is envisageable only within the bounds fixed by the fund-freezing decision (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the Court, Art. 83(2); Council Regulation No 961/2010; Council Decision 2010/413) (see paras 39-46, 65, 66)

2. Application for interim measures — Suspension of operation of a measure — Conditions for granting — Serious and irreparable damage — Measures to freeze funds or economic resources — Damage not demonstrated for failure to make use of the opportunity, provided for by the fund-freezing decision, of requesting authorisation of the release of funds (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the Court, Art. 83(2)) (see paras 54, 55)

3. 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 — Discretion of the judge dealing with the application for interim relief (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the Court, Art. 83(2)) (see paras 61-63)

4. Application for interim measures — Suspension of operation of a measure — Conditions for granting — Measures to freeze funds or economic resources –Weighing up of all the interests involved — Likelihood of the consequences of a decision on the merits being rendered ineffective (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the Court, Art. 83(2)) (see paras 72, 73,77)

Subject of the case

Re:

Appeal in proceedings for interim measures against the order of the Judge hearing applications for interim measures of the General Court of 3 October 2011 in Case T-421/11 R Qualitest FZE v Council , dismissing the application for suspension of operation of Council Implementing Regulation (EU) No 503/2011 of 23 May 2011 implementing Regulation (EU) No 961/2010 on restrictive measures against Iran (OJ 2011 L 136, p. 26) and of Council Decision 2011/299/CFSP of 23 May 2011 amending Decision 2010/413/CFSP concerning restrictive measures against Iran (OJ 2011 L 136, p. 65), in so far as they apply the freezing of funds and economic resources.

Operative part

Operative part:

1. The order of the Judge hearing the application for interim measures, replacing the President of the General Court of the European Union, of 3 October 2011 in Case T-421/11 R Qualitest FZE v Council is set aside in so far as the Judge thereby assessed the financial damage alleged by Qualitest FZE solely in the light of the ability of the group to which it belongs or that of its sole shareholder to support it financially and to ensure its survival pending the conclusion of the main proceedings.

2. The appeal is dismissed as to the remainder.

3. The application for interim measures is dismissed.

4. Qualitest FZE and the Council of the European Union are ordered to bear their own costs.