CELEX: 62005TO0345
Language: en
Date: 2007-03-16 00:00:00
Title: Order of the President of the Court of First Instance of 16 March 2007. # V v European Parliament. # Application for interim measures - Waiver of the immunity of a Member of the European Parliament - Application for suspension of operation - Application for other interim measures - Admissibility - Urgency. # Case T-345/05 R.

Order of the President of the Court of First Instance of 16 March 2007 – V v Parliament
      (Case T‑345/05 R)
      Applications for interim measures – Waiver of immunity of a Member of the European Parliament – Application for suspension of operation of a measure – Application for interim measures – Admissibility – Urgency
      1.                     Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency
            – Prima facie case – Cumulative nature – Weighing-up of the interests (Arts 242 EC and 243 EC; Rules of Procedure of the Court
            of First Instance, Art. 104(2)) (see paras 25-26)
      2.                     Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions of admissibility
            – Prima facie admissibility of the main action (Arts 242 EC and 243 EC; Rules of Procedure of the Court of First Instance,
            Art. 104(1)) (see paras 42-52)
      3.                     Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Interest of the applicant
            in obtaining the suspension sought (Art. 242 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras
            55-60)
      4.                     Applications for interim measures – Conditions of admissibility – Application – Formal requirements (Rules of Procedure of
            the Court of First Instance, Arts 44(1)(d)) and 104(3)) (see para. 63)
      5.                     Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Urgency – Serious and
            irreparable damage (Art. 242 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 81-83, 90, 92)
      Re: 
      
         APPLICATION, firstly, for suspension of the operation of the Resolution of the European Parliament [confidential]  to waive
                  the applicant’s immunity from suit, secondly, for interim measures to prevent criminal proceedings being resumed pending final
                  judgment of the Court of First Instance in the main action, thirdly, for an order that the applicant’s anonymity be protected
                  and that there be no publicity in respect of the present application pending the ruling of the Court of First Instance on
                  the main application and the conclusion of any trial before the national court, fourthly, for a direction that the applicant
                  be granted permission to disclose the parties’ written pleadings in the interlocutory proceedings and in the main action to
                  the prosecuting authority in the United Kingdom and to the national court hearing the domestic case and, fifthly, for an order
                  that the hearing of the main application be expedited so as to take place as soon as possible.
               
            Operative part
      
         
                   
               
               
                  
               
               
                  The application for interim measures is dismissed.
               
            
         
                   
               
               
                  
               
               
                  Costs are reserved.