Orders (Information) nº T-344/15 of The General Court, September 01, 2015

• Resolution Date: September 01, 2015
• Issuing Organization: The General Court
• Decision Number: T-344/15

Case T-344/15 R

French Republic

v

European Commission

(Application for interim measures - Access to documents of the institutions - Regulation (EC) No 1049/2001 - Documents sent by the authorities to the Commission in accordance with the procedure laid down in Directive 98/34/EC - France’s objection to disclosure of the documents - Decision to grant a third party access to the documents - Application for suspension of operation of a measure - Urgency - Prima facie case - Weighing up of interests)

Summary - Order of the President of the General Court of 1 September 2015

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 court hearing the application for interim relief

   (Arts 256(1) TFEU, 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 156(3))

2. Application for interim measures - Suspension of operation of a measure - Conditions for granting - Prima facie case - Action against a decision of the Commission to grant a third party access to documents emanating from a Member State objecting to such disclosure - Prima facie examination as to whether pleas invoked in support of the main action are well-founded - Judicial review - Scope

   (Arts 256(1) TFEU and 278 TFEU; Rules of Procedure of the General Court, Art. 156(3); European Parliament and Council Regulation No 1049/2001, Art. 4(1) to (3) and (5))

3. Application for interim measures - Suspension of operation of a measure - Conditions for granting - Prima facie case - Prima facie examination of the pleas in law put forward in support of the main action - Action by a Member State against a decision of the Commission to grant a third party access to documents despite the opposition of that State - Assessment of that opposition - Major legal controversy following a restrictive interpretation by the Court of Justice subsequent to an extensive interpretation by the General Court - Existence of a prima facie case

   (European Parliament and Council Regulation No 1049/2001, Art. 4(1) to (3))

4. Application for interim measures - Suspension of operation of a measure - Conditions for granting - Balancing of all the interests involved - Concept - Purpose of the interim procedure - Full effect of the future decision on the substance

   (Arts 256(1) TFEU and 278...