Orders (Information) nº T-737/14 of Tribunal General de la Unión Europea, September 28, 2017

• Resolution Date: September 28, 2017
• Issuing Organization: Tribunal General de la Unión Europea
• Decision Number: T-737/14

Order of the President of the of the Court of First Instance of 28 September 2017 - Vnesheconombank v Council

(Case T-737/14 R)

(Application for interim measures - Common foreign and security policy - Restrictive measures adopted in view of Russia’s actions destabilising the situation in Ukraine - Application for the suspension of operation of measures - No 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 - Order of examination and method of verification - 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(4))

   (see paras 18, 19)

2. Application for interim measures - Suspension of operation of a measure - Interim measures - Conditions for granting - Urgency - Serious and irreparable damage - Burden of proof - Purely hypothetical damage based on the happening of future and uncertain events - Insufficient to demonstrate urgency

   (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 156(4))

   (see paras 22, 23)

3. Application for interim measures - Admissibility criteria - Application - Formal requirements - Pleas establishing a prima facie case for the measures applied for - Lack of essential factual and legal elements in the order for reference - Inadmissibility

   (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 156(5))

   (see paras 25, 27)

4. 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 - Obligation to provide concrete and precise...