CELEX: 62010TO0439
Language: en
Date: 2011-09-08 00:00:00
Title: Order of the General Court (judge hearing the application for interim measures) of 8 September 2011. # Fulmen v Council of the European Union. # Interim measures - Common foreign and security policy - Restrictive measures against Iran with the aim of preventing nuclear proliferation - Freezing of funds and economic resources - Application for suspension of operation - Lack of urgency. # Case T-439/10 R.

Order of the General Court (Judge hearing the application for interim measures) of 8 September 2011 – Fulmen v Council
      (Case T-439/10 R)
      Interim measures – Common foreign and security policy – Restrictive measures against Iran with the aim of preventing nuclear proliferation – Freezing of funds and economic resources – Application for suspension of operation – 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 – Weighing-up of the interests – 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 13-16)
      2.                     Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Urgency – Serious and
            irreparable damage – Burden of proof – Financial loss – Situation which could jeopardise the existence of the applicant company
            – Application for interim measures brought several months after the main action – No new circumstances – No urgency (Art.
            278 TFEU) (see paras 19, 21-31)
      3.                     Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Urgency – Non-material
            damage not being capable of better remedy in interim proceedings than in the main proceedings – No urgency (Art. 278 TFEU)
            (see paras 32-33)
      Re:
      
         
               APPLICATION for suspension of operation of the following contested measures in so far as they concern the applicant:
            
         –
               
               Council Decision 2010/413/CFSP of 26 July 2010 concerning restrictive measures against Iran and repealing Common Position
                  2007/140/CFSP (OJ 2010 L 195, p. 39);
               
            
         –
               
               Council Implementing Regulation (EU) No 668/2010 of 26 July 2010 implementing Article 7(2) of Regulation (EC) No 423/2007
                  concerning restrictive measures against Iran (OJ 2010 L 195, p. 25);
               
            
         –
               
               Council Decision 2010/644/CFSP of 25 October 2010 amending Decision 2010/413/CFSP (OJ 2010 L 281, p. 81);
            
         –
               
               Council Regulation (EU) No 961/2010 of 25 October 2010 on restrictive measures against Iran and repealing Regulation (EC)
                  No 423/2007 (OJ 2010 L 281, p. 1).
               
            Operative part
      
         
                  1.
               
               
                  
               
               
                  	The application for interim measures is dismissed.
               
            
         
                  2.
               
               
                  
               
               
                  	Costs are reserved.