CELEX: 62012CO0168
Language: en
Date: 2012-10-25 00:00:00
Title: Order of the President of the Court of 25 October 2012. # Samir Hassan v Council of the European Union. # Appeal - Application for interim measures. # Case C-168/12 P(R).

Order of the President of the Court of 25 October 2012 — Hassan v Council(Case C-168/12 P(R))
      Appeal – Application for interim measures – Restrictive measures against Syria – Freezing of funds and economic resources – Application for suspension of operation and interim measures – Lack of any urgency
      1.                     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 – Balancing of all the interests at issue – Order
            of priority of examination and method of verification – Assessment to be made by the court hearing an application for interim
            measures (Art. 278 TFEU and 279 TFEU; Rules of Procedure of the Court, Art. 83, second para; Rules of Procedure of the General
            Court, Article 104, second para) (see paras 22-25)
      2.                     Application for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Serious
            and irreparable damage – Burden of proof – Harm caused by the measures freezing funds and economic resources – Evidence capable
            of proving such harm (Arts 278 TFEU and 279 TFEU) (see paras 27, 28, 33, 38-40, 60)
      3.                     Application for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Serious
            and irreparable damage – Unrepairable nature of the harm – Assessment solely on the basis of the uncertainty of obtaining
            compensation for pecuniary damage if an action for damages is brought — Not permissible (Art. 278 TFEU and 279 TFEU; Rules
            of Procedure of the Court, Art. 83, second para) (see paras 77-81) 
      Re:
      
         Appeal brought against the order of the President of the General Court of 17 February 2012 in Case T-572/11 R 
               Hassan 
               v 
               Council
               , rejecting the application for interim measures, in particular an application for suspension of the implementation of Council
                  Implementing Decision 2011/515/CFSP of 23 August 2011 implementing Decision 2011/273/CFSP concerning restrictive measures
                  against Syria (OJ 2011 L 218, p. 20), and of Council Implementing Regulation (EU) No 843/2011 of 23 August 2011 implementing
                  Regulation (EU) No 442/2011 concerning restrictive measures in view of the situation in Syria (OJ 2011 L 218, p. 1), in so
                  far as they concern the appellant.  
               
            Operative part
      
         
                  1.
               
               
                  
               
               
                  	The appeal is dismissed. 
               
            
         
                  2.
               
               
                  
               
               
                  	Mr Hassan is ordered to pay the costs.