Orders (Information) nº T-671/18 of Tribunal General de la Unión Europea, November 28, 2018

• Resolution Date: November 28, 2018
• Issuing Organization: Tribunal General de la Unión Europea
• Decision Number: T-671/18

Order of the President of the of the General Court of 28 November 2018 - ZU v Commission

(Case T-671/18 R)

(Application for interim measures - Civil service - Application for suspension of operation - 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 - Balancing of all the interests involved

   (Arts 256(1) TFEU, 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 156(4))

   (see paras 14-17)

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 20, 21, 40)

3. 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 256(1) TFEU, 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 156(4))

   (see paras 22, 23, 25, 43)

4. Application for interim measures - Formal requirements - Submission of applications - Brief summary of the pleas in law on which the application is based - Pleas in law not set out in the application and pleadings - General reference to other documents - Inadmissibility

   (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 156(4) and (5))

   (see paras 24, 26)

5. Application for interim measures - Suspension of operation of a measure - Conditions for granting - Serious and irreparable damage - Causal link between the alleged damage and the...