Order of the President of the General Court of 24 June 2020 –

Price v Council

(Case T‑231/20 R)

(Application for interim relief – Area of freedom, security and justice – Decision (EU) 2020/135 – Agreement on the withdrawal of the United Kingdom from the European Union and from Euratom – Loss of citizenship of the Union – Application for suspension of operation of a measure – Manifest inadmissibility of the main action – Inadmissibility – Reference to the Court – Lack of jurisdiction)

1. Application for interim relief – Suspension of operation of a measure – Interim measures – Conditions for grant – Prima facie case – Urgency – Serious and irreparable harm – Cumulative nature – Balancing of all the interests involved – Order of examination and method of verification – Discretion of the court hearing the application for interim relief (Arts 256(1), 278 and 279 TFEU; Rules of Procedure of the General Court, Art. 156(4)) (see paras 13, 15, 16)

2. Application for interim relief – Admissibility criteria – Prima facie admissibility of the main action – Summary examination of the main action by the court hearing the application for interim measures (Rules of Procedure of the General Court, Art. 156(1)) (see paras 19-21)

3. Action for annulment – Natural or legal persons – Regulatory acts entailing implementing measures – Concept – Criteria for assessment (Arts 263, fourth para. and 267 TFEU) (see paras 26-28)

4. Action for annulment – Natural or legal persons – Measures of direct and individual concern to them – Person individually concerned by a measure of a general nature – Conditions –Agreement on the withdrawal of the United Kingdom from the European Union and from Euratom and Council decision relating to it – Application made by an expatriate British national in another Member State having lost his right to vote and to stand as a candidate in elections in that State – Not individually concerned – Inadmissibility (Art. 263, fourth para. TFEU) (see paras 36-38, 40-45)

5. Questions referred for a preliminary ruling – Reference to the Court – Questions submitted in the context of a request to the General Court seeking to have the case referred to the Court of Justice – Lack of jurisdiction of the General Court (Arts 256 and 267 TFEU; Statute of the Court of Justice, Art. 51) (see paras 47-51)

Re:

Application pursuant to (i) Articles 278 and 279 TFEU seeking suspension of the operation in part of Council Decision (EU) 2020/135 of 30 January 2020 on the conclusion of the agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and from the European Atomic Energy Community (OJ 2020 L 29, p. 1) and of the agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and from the European Atomic Energy Community (OJ 2020 L 29, p. 7), to the extent that those measures do not permit the applicant to maintain his citizenship of the European Union, or, at the very least, Article 127(1)(b) of that agreement does not so permit, and (ii) the second paragraph of Article 256(3) TFEU seeking a stay of proceedings and referral of the case to the Court of Justice for questions for a preliminary ruling to be put to it.

Operative part

1. The application for interim measures is dismissed.