Order of the President of the General Court of 23 April 2012 – Ternavsky v Council

(Case T-163/12 R)

‛Application for interim measures — Common foreign and security policy — Restrictive measures against Belarus — Freezing of funds and economic resources — Application for suspension of operation of a measure — Disregard of the formal requirements — Inadmissibility’

1. Applications for interim measures — Suspension of operation of a measure — Interim measures — Conditions for granting — Prima facie case — Urgency — Serious and irreparable damage — Cumulative nature (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see para. 8)

2. Applications for interim measures — Conditions for admissibility — Application — Formal requirements — Statement of the pleas in law establishing a prima facie case for granting the measures sought — Financial loss arising from a measure freezing funds — Mere affirmation that serious and irreparable damage imminent — Inadmissibility (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Arts 44(1)(c), and 104(2) and (3)) (see paras 9-10, 13-15, 19-20)

Re:

APPLICATION for suspension of the application of point 2 of Annex II to Council Implementing Decision 2012/171/CFSP of 23 March 2012 implementing Decision 2010/639/CFSP concerning restrictive measures against Belarus (OJ 2012 L 87, p. 95) and of point 2 of Annex II to Council Implementing Regulation (EU) No 265/2012 of 23 March 2012 implementing Article 8a(1) of Regulation (EC) No 765/2006 concerning restrictive measures in respect of Belarus (OJ 2012 L 87, p. 37).

Operative part

1. The application for interim measures is dismissed.

2. Costs are reserved.

Order of the President of the General Court of 23 April 2012 – Ternavsky v Council

(Case T-163/12 R)

‛Application for interim measures — Common foreign and security policy — Restrictive measures against Belarus — Freezing of funds and economic resources — Application for suspension of operation of a measure — Disregard of the formal requirements — Inadmissibility’

1. Applications for interim measures — Suspension of operation of a measure — Interim measures — Conditions for granting — Prima facie case — Urgency — Serious and irreparable damage — Cumulative nature (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see para. 8)

2. Applications for interim measures — Conditions for admissibility — Application — Formal requirements — Statement of the pleas in law establishing a prima facie case for granting the measures sought — Financial loss arising from a measure freezing funds — Mere affirmation that serious and irreparable damage imminent — Inadmissibility (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Arts 44(1)(c), and 104(2) and (3)) (see paras 9-10, 13-15, 19-20)

Re:

APPLICATION for suspension of the application of point 2 of Annex II to Council Implementing Decision 2012/171/CFSP of 23 March 2012 implementing Decision 2010/639/CFSP concerning restrictive measures against Belarus (OJ 2012 L 87, p. 95) and of point 2 of Annex II to Council Implementing Regulation (EU) No 265/2012 of 23 March 2012 implementing Article 8a(1) of Regulation (EC) No 765/2006 concerning restrictive measures in respect of Belarus (OJ 2012 L 87, p. 37).

Operative part

1. The application for interim measures is dismissed.