CELEX: 62011TO0421
Language: en
Date: 2011-10-03 00:00:00
Title: Order of the General Court (judge hearing the application for interim measures) of 3 October 2011. # Qualitest FZE v Council of the European Union. # Application for interim measures - Common foreign and security policy - Restrictive measures adopted against Iran with the aim of preventing nuclear proliferation - Freezing of funds and economic resources - Application for suspension of operation of a measure - Lack of urgency. # Case T-421/11 R.

Order of the General Court of 3 October 2011 – Qualitest FZE v Council 
      (Case T-421/11 R)
      Application for interim measures – Common foreign and security policy – Restrictive measures adopted against Iran with the aim of preventing nuclear proliferation – Freezing of funds and economic resources – Application for suspension of operation of a measure – 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 12-14)
      2.                     Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency
            – Serious and irreparable damage – Burden of proof – Financial loss – Situation which could jeopardise the existence of the
            applicant company – Assessment having regard to the situation of the group to which the undertaking belongs (Arts 278 TFEU
            and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 19-23, 25-26)
      3.                     Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency
            – Non-material damage not being capable of better remedy in interim proceedings than in the main proceedings (Arts 278 TFEU
            and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 28-29)
      Re:
      
         
               APPLICATION for suspension of operation of Council Implementing Regulation (EU) No 503/2011 of 23 May 2011 implementing Regulation
                  (EU) No 961/2010 on restrictive measures against Iran (OJ 2011 L 136, p. 26) and of Council Decision 2011/299/CFSP of 23 May
                  2011 amending Decision 2010/413/CFSP concerning restrictive measures against Iran (OJ 2011 L 136, p. 65), in so far as they
                  concern the applicant.
               
            Operative part
      
         
                  1.
               
               
                  
               
               
                  	The application for interim measures is dismissed.
               
            
         
                  2.
               
               
                  
               
               
                  	The costs are reserved.