CELEX: 62010TO0271
Language: en
Date: 2010-07-22 00:00:00
Title: Order of the President of the General Court of 22 July 2010.#H v Council of the European Union and European Commission.#Application for interim measures - Common foreign and security policy - National official seconded to the European Union Police Mission in Bosnia and Herzegovina - Decision to redeploy and downgrade - Application for suspension of operation of a measure - Admissibility - Lack of urgency.#Case T-271/10 R.

Order of the President of the General Court of 22 July 2010 – H v Council and Others
      (Case T-271/10 R)
      Application for interim measures – Common foreign and security policy – National official seconded to the European Union Police Mission in Bosnia and Herzegovina – Decision to redeploy and downgrade – Application for suspension of operation of a measure – Admissibility – Lack of urgency
      1.                     Application 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 judge dealing with the application for interim relief (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General
            Court, Art. 104(2)) (see paras 13-15)
      2.                     Procedure – Application initiating proceedings – Application for interim measures – Identification of the defendant – Action
            against the Council, the Commission and the EU Police Mission without legal personality – Possibility of clarification by
            the judge dealing with the application for interim relief (Art. 263, first and fourth paras, TFEU; Rules of Procedure of the
            General Court, Art. 44(1); Council Decision 2009/906) (see paras 18-21)
      3.                     Application for interim measures – Conditions for admissibility – Application – Formal requirements – Detailed statement of
            the subject-matter (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Arts 44(1)(d), and 104)(3)) (see
            para. 22)
      4.                     Application 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 – None (Arts
            278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 29-37)
      Re:
      
         
               APPLICATION for suspension of operation of the decision of 7 April 2010 of the Head of the European Union Police Mission (EUPM)
                  in Bosnia and Herzegovina having the effect of downgrading and redeploying the applicant.
               
            Operative part
      
         
                  1.
               
               
                  
               
               
                  	The Council of the European Union and the European Commission are considered to be the only defendants.
               
            
         
                  2.
               
               
                  
               
               
                  	The application for interim measures is dismissed.
               
            
         
                  3.
               
               
                  
               
               
                  	Costs are reserved.