Orders (Information) nº T-110/12 of The General Court, March 11, 2013

• Resolution Date: March 11, 2013
• Issuing Organization: The General Court
• Decision Number: T-110/12

Case T‑110/12 R

Iranian Offshore Engineering & Construction Co.

v

Council of the European Union

(Interim relief — Common foreign and security policy — Restrictive measures against Iran — Freezing of funds and economic resources — Application for interim measures — No urgency — Balancing of interests)

Summary — Order of the President of the General Court, 11 March 2013

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))

2. Applications for interim measures — Suspension of operation of a measure — Interim measures — Conditions for granting — Urgency — Serious and irreparable damage — Financial loss — Situation which could jeopardise the existence of the applicant company — Burden of proof — Need to provide a true overall picture of the financial situation of the undertaking

   (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2))

3. Applications for interim measures — Suspension of operation of a measure — Conditions for granting — Serious and irreparable damage — Measures freezing funds or economic resources — Account to be taken of the objective of the freezing and the need to ensure its effectiveness

   (Art. 278 TFEU; Rules of Procedure of the General Court, Art. 104(2); Council Regulation No 267/2012; Council Decision 2010/413)

4. Applications for interim measures — Suspension of operation of a measure — Interim measures — Conditions for granting — Serious and irreparable damage — Financial loss — Damage that can be made good by the grant of compensation in the action in the main proceedings — Not irreparable

   (Arts 268 TFEU, 278 TFEU, 279 TFEU and 340 TFEU; Rules of Procedure of the General Court, Art. 104(2))

5. Applications for interim measures — Suspension of operation of a measure — Conditions for granting — Balancing of all the interests involved — Decision to freeze assets in the context of the fight against terrorism — Jurisdiction of the EU judicature to annul the measure at the earliest after the expiry of the period for bringing an appeal — Interest of the applicant not capable of being protected by the court hearing the application for...