Order of the President of the General Court of 17 February 2012 — Samir Hassan v Council of the European Union

INFORMATION ON UNPUBLISHED DECISIONS

Reports of Cases

Order of the President of the General Court of 17 February 2012 — Hassan v Council

(Case T-572/11 R)

(Interim measures — Common foreign and security policy — Restrictive measures against Syria —

Freezing of funds and economic resources — Application for interim measures — Lack of urgency —

Weighing up of interests)

EN

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. 104(2)) (see

paras 14-16)

2.

Application for interim measures — Suspension of operation of a measure — Interim measures —

Conditions for granting — Urgency — Serious and irreparable damage — Causal link between the

alleged damage and the contested act — Burden of proof (Arts 278 TFEU and 279 TFEU; Rules of

Procedure of the General Court, Art. 104(2)) (see paras 21, 22)

3.

Application for interim measures — Suspension of operation of a measure — Interim measures —

Conditions for granting — Urgency — Serious and irreparable damage — Financial loss —

Situation which could jeopardise the existence of the applicant company — Assessment in the light

of the situation of the group to which the applicant belongs — Application to a natural person

exercising control over that company (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the

General Court, Art. 104(2)) (see paras 33-36)

4.

Application for interim measures — Suspension of operation of a measure — Interim measures —

Conditions for granting — Urgency — Serious and irreparable damage — Financial loss —

Situation which could jeopardise the existence of the applicant company — Burden of proof

(Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see

paras 38-40)

5.

Application for interim measures — Suspension of operation of a measure — Conditions for

granting — Serious and irreparable damage — Financial loss — Damage which may subsequently

be made good by compensation or by means of an action for damages — Damage which cannot be

regarded as irreparable (Arts 268 TFEU, 278 TFEU and 340 TFEU; Rules of Procedure of the

General Court, Art. 104(2)) (see para. 47)

ECLI:EU:T:2012:83

1

INFORMATION ON UNPUBLISHED DECISIONS

6.

Application for interim measures — Suspension of operation of a measure — Conditions for

granting — Urgency — Serious and irreparable damage — Burden of proof — Serious and

irreparable damage for the applicant — Interest of the applicant affected — Interests of third

parties affected — Not included (Art. 278 TFEU; Rules of Procedure of the General Court,

Art. 104(2)) (see para. 50)

7.

Application for interim measures — Suspension of operation of a measure — Conditions for

granting — Balancing of all the interests involved — Concept (Art. 278 TFEU; Rules of Procedure

of the General Court, Art. 104(2)) (see paras 53, 54)

Re:

APPLICATION for interim measures, in particular, application for suspension of operation of Council

Implementing Decision 2011/515/CFSP of 23 August 2011 implementing Decision 2011/273/CFSP

concerning restrictive measures against Syria (OJ 2011 L 218, p. 20) and of Council Implementing

Regulation (EU) No 843/2011 of 23 August 2011 implementing Regulation (EU) No 442/2011

concerning restrictive measures in view of the situation in Syria (OJ 2011 L 218, p. 1) insofar as those

texts refer to the applicant.

Operative part

1.

The application for interim measures is dismissed.

2.

Costs are reserved.

2

ECLI:EU:T:2012:83

أمر من رئيس المحكمة العامة الأوروبية برفض طلب سمير حسن تعليق تنفيذ العقوبات المفروضة عليه، لعدم توافر عنصر الاستعجال.