CELEX: 62010TO0507
Language: en
Date: 2010-12-17 00:00:00
Title: Order of the General Court (Eighth Chamber) of 17 December 2010. # Viktor Uspaskich v European Parliament. # Interim measures - Waiver of the immunity of a member of the European Parliament - Application for suspension of operation. # Case T-507/10 R.

Order of the President of the General Court of 17 December 2010 – Uspaskich v Parliament
      (Case T-507/10 R)
      Interim measures – Waiver of the immunity of a member of the European Parliament – Application for suspension of operation
      1.                     Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Prima
            facie case – Serious and irreparable damage – Cumulative nature – Discretion of the judge dealing with 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
            13-15)
      2.                     Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Serious
            and irreparable damage – Burden of proof – Decision of the European Parliament waiving the immunity of a Member – No undermining
            of the right freely to exercise the parliamentary mandate and the proper function of the Parliament – No urgency (Arts 278
            TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 19, 26-27, 31-32)
      3.                     Actions for annulment – Actionable measures – Measures of the Parliament intended to have legal effects vis-à-vis third parties
            – Decision of the European Parliament waiving the immunity of a Member – Included (Art. 230, first para., EC; Protocol on
            the privileges and immunities of the European Communities) (see para. 24)
      Re:
      
         
               APPLICATION to suspend the operation of the resolution of the European Parliament of 7 September 2010 waiving the applicant’s
                  immunity.
               
            Operative part
      
         
                  1.
               
               
                  
               
               
                  	The application for interim measures is dismissed.
               
            
         
                  2.
               
               
                  
               
               
                  	Costs are reserved.