CELEX: 62010TO0431
Language: en
Date: 2010-10-19 00:00:00
Title: Order of the President of the General Court of 19 October 2010. # Riccardo Nencini v European Parliament. # Interim measures - Member of the European Parliament - Recovery of allowances paid in reimbursement of parliamentary assistance expenses and of travel costs - Application for stay of execution - Lack of urgency. # Case T-431/10 R.

Order of the President of the General Court of 19 October 2010 – Nencini v Parliament
      (Case T-431/10 R)
      Interim measures – Member of the European Parliament – Recovery of allowances paid in reimbursement of parliamentary assistance expenses and travel costs – Application for stay of execution – Lack of urgency
      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
            8-9)
      2.                     Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency
            – Serious and irreparable damage – Burden of proof – Decision of the European Parliament finding an obligation to recover
            allowances unduly paid to one of its Members – Situation entailing mere inconvenience for the applicant – Decision without
            enforcement measures – No imminent risk of serious financial loss – No urgency (Arts 256(1) TFEU, 278 TFEU and 279 TFEU; Rules
            of Procedure of the General Court, Art. 104(2)) (see paras 12-17)
      3.                     Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Urgency – Serious and
            irreparable damage – Decision of the European Parliament finding an obligation to recover allowances unduly paid to one of
            its Members – Parliament needing to bring proceedings before a competent national court where voluntary payment refused –
            No urgency (Arts 256(1) TFEU, 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see para. 19)
      Re:
      
         
               APPLICATION for stay of execution of a number of acts of the Parliament relating to the recovery of parliamentary allowances
                  wrongly received.
               
            Operative part
      
         
                  1.
               
               
                  
               
               
                  	The application for interim measures is dismissed.
               
            
         
                  2.
               
               
                  
               
               
                  	Costs are reserved.