Orders (Information) nº T-305/18 of Tribunal General de la Unión Europea, November 28, 2018

Resolution DateNovember 28, 2018
Issuing OrganizationTribunal General de la Unión Europea
Decision NumberT-305/18

Order of the President of the General Court of 28 November 2018 - Klyuyev v Council

(Case T-305/18 R)

(Application for interim measures - Common foreign and security policy - Restrictive measures taken in view of the situation in Ukraine - Freezing of funds - Application for suspension of operation of a measure - Prima facie case - 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 - 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)

    (see paras 51, 53, 54)

  2. Application for interim measures - Suspension of operation of a measure - Conditions for granting - Prima facie case

    (Arts 278 TFEU and 279 TFEU)

    (see para. 57)

  3. Application for interim measures - Suspension of operation of a measure - Interim measures - Conditions for granting - Serious and irreparable damage - Irreparable nature of the damage - Financial loss

    (Arts 268 TFEU, 278 TFEU, 279 TFEU and 340 TFEU; Rules of Procedure of the Court of Justice, Art. 160(3))

    (see paras 74-76)

  4. Application for interim measures - Admissibility criteria - Application - Formal requirements - Pleas establishing a prima facie case for the measures applied for - Pleas in law not set out in the application - General reference to other documents - Inadmissibility

    (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the Court of Justice, Art. 160(3); Rules of Procedure of the General Court, Art. 156(5))

    (see paras 78, 80)

  5. 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 indications, supported by detailed documentary evidence

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

    (see para. 79)

  6. Action for annulment - Judgment annulling a measure - Effects - Annulment of a regulation concerning the adoption of restrictive measures having acquired the force of res judicata - Obligations on the part of the Council to examine the...

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