Orders (Information) nº T-627/19 of Tribunal General de la Unión Europea, January 31, 2020

• Resolution Date: January 31, 2020
• Issuing Organization: Tribunal General de la Unión Europea
• Decision Number: T-627/19

Order of the President of the General Court of 31 January 2020 - Shindler and Others v Commission

(Case T-627/19 R)

(Interim measures - Area of freedom, security and justice - Withdrawal of the United Kingdom from the European Union - UK citizens residing in another EU Member State - Loss of EU citizenship - Action for failure to act - Inadmissibility of the application for interim measures)

1. Application for interim relief - 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), 278 and 279 TFEU; Rules of Procedure of the General Court, Art. 156)

   (see paras 12, 14, 15)

2. Application for interim relief - Suspension of operation of a measure - Admissibility criteria - Applicant’s interest in obtaining the suspension sought - Application brought against a negative administrative decision - Suspension incapable of altering the applicant’s situation - No interest in bringing proceedings - Inadmissibility

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

   (see para. 21)

3. Border controls, asylum and immigration - Immigration policy - Status of British nationals after the date of the United Kingdom’s withdrawal from the European Union - Adoption of interim measures - Competence of the Commission - Application for interim relief seeking an order requiring the Commission to adopt measures to maintain the applicants’ EU citizenship beyond that date or to...