Orders (Information) nº T-149/09 of Court of First Instance of the European Communities, June 08, 2009

• Resolution Date: June 08, 2009
• Issuing Organization: Court of First Instance of the European Communities
• Decision Number: T-149/09

Order of the President of the Court of First Instance of 8 June 2009 – Dover v Parliament

(Case T-149/09 R)

Application for interim measures – Recovery of allowances paid by way of reimbursement of parliamentary assistance expenses – Application for suspension of operation of a measure – Inadmissibility – No urgency

1. Application for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Prima facie case – Urgency – Cumulative nature – Balancing of all the interests involved – Order of examination and method of verification – Discretion of the judge dealing with the application for interim relief (Arts 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 12-13)

2. Application for interim measures – Conditions for admissibility – Application – Formal requirements – Statement of the pleas in law establishing a prima facie case for granting the measures sought – General reference to other documents – Inadmissibility (Arts 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Arts 43, 44 and 104(2) and (3)) (see paras 14, 18-19, 21)

3. Application for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency – Serious and irreparable damage – Burden of proof – Financial loss (Arts 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 25-29)

4. Application for interim measures – Suspension of operation of a measure – Conditions for granting – Urgency – Serious and irreparable damage – Decision of the European Parliament to recover allowances unduly paid to one of its Members – Need for the Parliament to bring proceedings before a national court having jurisdiction where voluntary payment refused – Possibility of the national court suspending operation of the said decision until resolution...