Order of the President of the General Court of 22 December 2011 — Fares Al-Chihabi v Council of the European Union (Case T-593/11 R)

Order of the President of the General Court of 22 December 2011 – Al‑Chihabi v Council

(Case T-593/11 R)

Interim relief – Common foreign and security policy – Restrictive measures against Syria – Freezing of funds

and economic resources – Application for interim measures – No urgency – No serious and irreparable damage

1.

Applications for interim measures – Suspension of operation of a measure – Interim measures –

Conditions for granting – Prima facie case – Urgency – Serious and irreparable damage – Causal link between

the alleged damage and the contested act – Balancing of all the interests involved – Discretion of the court

hearing the application for interim relief (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General

Court, Art. 104(2)) (see paras 14-16)

2.

Applications for interim measures – Suspension of operation of a measure – Interim measures –

Conditions for granting – Urgency – Serious and irreparable damage – Burden of proof – Financial loss – Loss

capable of subsequent remedy by an action for compensation – Damage which cannot be regarded as

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

21-24, 26)

3.

Applications for interim measures – Suspension of operation of a measure – Interim measures –

Conditions for granting – Urgency – Non-material damage not being capable of better remedy in interim

proceedings than in the main proceedings (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General

Court, Art. 104(2)) (see paras 32-34)

4.

Applications for interim measures – Suspension of operation of a measure – Interim measures –

Conditions for granting – Urgency – Serious and irreparable damage – Damage linked to infringement of

certain fundamental rights – Right to property and right to free exercise of an economic activity – No absolute

protection (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 4142)

Re:

APPLICATION for, in essence, the suspension of operation of Council Decision 2011/522/CFSP

of 2 September 2011 amending Decision 2011/273/CFSP concerning restrictive measures against

Syria (OJ 2011 L 228, p. 16), Council Regulation (EU) No 878/2011 of 2 September 2011

amending Regulation (EU) No 442/2011 concerning restrictive measures in view of the situation

in Syria (OJ 2011 L 228, p. 1), Council Decision 2011/684/CFSP of 13 October 2011 amending

Decision 2011/273/CFSP concerning restrictive measures against Syria (OJ 2011 L 269, p. 33)

and Council Regulation (EU) No 1011/2011 of 13 October 2011 amending Regulation (EU)

No 442/2011 concerning restrictive measures in view of the situation in Syria (OJ 2011 L 269,

p. 18), to the extent that those measures affect the applicant.

Operative part

1.

The application for interim measures is dismissed.

2.

Costs are reserved.

أمر من رئيس المحكمة العامة الأوروبية برفض طلب فارس الشهابي تعليق تنفيذ العقوبات المفروضة عليه، لعدم توافر الاستعجال والضرر الجسيم.