Order of the President of the General Court of 14 July 2011 – Trabelsi and Others v Council

(Case T-187/11 R)

Interim measures – Common foreign and security policy – Restrictive measures directed against certain persons and entities in view of the situation in Tunisia – Freezing of funds – Application for suspension of operation and for interim measures – Lack of urgency

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 – Balancing of all the interests involved – Discretion of the court hearing the application for interim relief (Arts 256(1) TFEU, 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 13-18)

2. Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency – Serious and irreparable damage – Burden of proof (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 21-22)

3. Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency – Serious and irreparable damage – Damage arising from non-penal fund-freezing measures – Purely protective measures (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 26-27, 31)

4. Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Urgency – Non-material damage – Damage arising from non-penal fund-freezing measures – Purely protective measures – Damage not capable of better remedy at interlocutory stage than in the main action (Art. 278 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 32-33)

5. Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Urgency – Serious and irreparable damage – Strictly pecuniary loss – None (Art. 278 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 36-43)

6. Applications for interim measures – Conditions for admissibility – Connection of the measure sought with the pleas in the main proceedings – Claim for damages and interest exceeding the scope of the action in the main proceedings – Inadmissibility (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 47-53)

7. Applications for interim measures – Conditions for admissibility – Application – Formal requirements – Brief summary of the pleas showing a prima facie case for granting the measures sought – No precise indication of the subject-matter of the claim – Manifest inadmissibility (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Arts 44(1)(d) and 104(3)) (see para. 54)

Re:

APPLICATION for interim measures and for suspension of operation of Council Implementing Decision 2011/79/CFSP of 4 February 2011 implementing Decision 2011/72/CFSP concerning restrictive measures directed against certain persons and entities in view of the situation in Tunisia (OJ 2011 L 31, p. 40).

Operative part

1. The application for interim measures is dismissed.