Orders (Information) nº T-391/17 of Tribunal General de la Unión Europea, November 13, 2017

• Resolution Date: November 13, 2017
• Issuing Organization: Tribunal General de la Unión Europea
• Decision Number: T-391/17

Order of the President of the of the General Court of 13 November 2017 - Romania v Commission

(Case T-391/17 R)

(Application for interim measures - Institutional law - European citizens’ initiative - Protection of national and linguistic minorities and enhancement of cultural and linguistic diversity in the Union - Principle of conferral - Application for suspension of operation of a measure - 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 16, 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)

   (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

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

   (see para. 25)

4. Application for interim measures - Suspension of operation of a measure - Interim measures - Conditions for granting - Urgency - Serious and irreparable damage - Harm that can be pleaded by a Member State - Damage concerning undertakings and not a whole sector of the national economy - Not included

   (Arts 256 TFEU, 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 156(4))

   (see para. 26)

5. Application for interim measures - Suspension of operation of a measure - Conditions for granting - Serious and irreparable damage - Damage consisting of the resulting administrative burden on a Member State to register a European citizens’ initiative - Failure to demonstrate a risk of serious harm - No urgency

   (Art. 278 TFEU; European...