Order of the President of the General Court of 14 March 2017 —
ADDE v Parliament
(Case T‑48/17 R)
(Interim measures — Financing of a political party — Institutional law — Bank guarantee — Lack of 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 — 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. 156(4))
(see paras 8-11)
2. 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 — Situation which could jeopardise the existence of the applicant company or irremediably alter its position in the market — Assessment having regard to the situation of the group to which the applicant company belongs
(Arts 256(1) TFEU, 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 156(4))
(see para. 15)
3. Application for interim measures — Suspension of operation of a measure — Suspension of the obligation to provide a bank guarantee as a condition for not proceeding to immediate recovery of a fine — Conditions for granting — Exceptional circumstances — Burden of proof
(Art. 278 TFEU; Rules of Procedure of the General Court, Art. 156(4))
(see paras 16, 20-22)
Re:
| APPLICATION on the basis of Articles 278 TFEU and 279 TFEU seeking the grant of interim measures ordering a waiver of the obligation to provide a bank guarantee as a condition of the prefinancing of the subsidy flowing from Parliament Decision FINS-2017-13 of 15 December 2016 on the financing granted to the applicant. |
Operative part
1. | | The application for interim measures is dismissed. |