CELEX: 62011TO0187
Language: en
Date: 2011-07-14 00:00:00
Title: Order of the President of the General Court of 14 July 2011. # Mohamed Trabelsi and Others v Council of the European Union. # Interim measures - Common foreign and security policy - Restrictive measures directed against certain persons and entities in view of the situation in Tunisia - Freezing of funds - Application for suspension of operation and for interim measures - Lack of urgency. # Case T-187/11 R.

Order of the President of the General Court of 14 July 2011 – Trabelsi and Others v Council
      (Case T-187/11 R)
      Interim measures – Common foreign and security policy – Restrictive measures directed against certain persons and entities in view of the situation in Tunisia – Freezing of funds – Application for suspension of operation and for interim measures – 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 13-18)
      2.                     Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency
            – Serious and irreparable damage – Burden of proof (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art.
            104(2)) (see paras 21-22)
      3.                     Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency
            – Serious and irreparable damage – Damage arising from non-penal fund-freezing measures – Purely protective measures (Arts
            278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 26-27, 31)
      4.                     Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Urgency – Non-material
            damage – Damage arising from non-penal fund-freezing measures – Purely protective measures – Damage not capable of better
            remedy at interlocutory stage than in the main action (Art. 278 TFEU; Rules of Procedure of the General Court, Art. 104(2))
            (see paras 32-33)
      5.                     Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Urgency – Serious and
            irreparable damage – Strictly pecuniary loss – None (Art. 278 TFEU; Rules of Procedure of the General Court, Art. 104(2))
            (see paras 36-43)
      6.                     Applications for interim measures – Conditions for admissibility – Connection of the measure sought with the pleas in the
            main proceedings – Claim for damages and interest exceeding the scope of the action in the main proceedings – Inadmissibility
            (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 47-53)
      7.                     Applications for interim measures – Conditions for admissibility – Application – Formal requirements – Brief summary of the
            pleas showing a prima facie case for granting the measures sought – No precise indication of the subject-matter of the claim
            – Manifest inadmissibility (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Arts 44(1)(d) and 104(3))
            (see para. 54)
      Re:
      
         
               APPLICATION for interim measures and for suspension of operation of Council Implementing Decision 2011/79/CFSP of 4 February
                  2011 implementing Decision 2011/72/CFSP concerning restrictive measures directed against certain persons and entities in view
                  of the situation in Tunisia (OJ 2011 L 31, p. 40).
               
            Operative part
      
         
                  1.
               
               
                  
               
               
                  	The application for interim measures is dismissed.
               
            
         
                  2.
               
               
                  
               
               
                  	Costs are reserved.