CELEX: 62011TO0593
Language: en
Date: 2011-12-22 00:00:00
Title: Order of the President of the General Court of 22 December 2011. # Fares Al-Chihabi v Council of the European Union. # Interim relief - Common foreign and security policy - Restrictive measures against Syria - Freezing of funds and economic resources - Application for interim measures - No urgency - No serious and irreparable damage. # Case T-593/11 R.

Order of the President of the General Court of 22 December 2011 – Al‑Chihabi v Council
      (Case T-593/11 R)
      Interim relief – Common foreign and security policy – Restrictive measures against Syria – Freezing of funds and economic resources – Application for interim measures – No urgency – No serious and irreparable damage
      1.                     Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Prima
            facie case – Urgency – Serious and irreparable damage – Causal link between the alleged damage and the contested act – Balancing
            of all the interests involved – Discretion of the court hearing the application for interim relief (Arts 278 TFEU and 279
            TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 14-16)
      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 – Loss capable of subsequent remedy by an action for compensation
            – Damage which cannot be regarded as irreparable (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art.
            104(2)) (see paras 21-24, 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 32-34)
      4.                     Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency
            – Serious and irreparable damage – Damage linked to infringement of certain fundamental rights – Right to property and right
            to free exercise of an economic activity – No absolute protection (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General
            Court, Art. 104(2)) (see paras 41-42)
      Re:
      
         
               APPLICATION for, in essence, the suspension of operation of Council Decision 2011/522/CFSP of 2 September 2011 amending Decision
                  2011/273/CFSP concerning restrictive measures against Syria (OJ 2011 L 228, p. 16), Council Regulation (EU) No 878/2011 of
                  2 September 2011 amending Regulation (EU) No 442/2011 concerning restrictive measures in view of the situation in Syria (OJ
                  2011 L 228, p. 1), Council Decision 2011/684/CFSP of 13 October 2011 amending Decision 2011/273/CFSP concerning restrictive
                  measures against Syria (OJ 2011 L 269, p. 33) and Council Regulation (EU) No 1011/2011 of 13 October 2011 amending Regulation
                  (EU) No 442/2011 concerning restrictive measures in view of the situation in Syria (OJ 2011 L 269, p. 18), to the extent that
                  those measures affect the applicant. 
               
            Operative part 
      
         
                  1.
               
               
                  
               
               
                  	The application for interim measures is dismissed.
               
            
         
                  2.
               
               
                  
               
               
                  	Costs are reserved.