Order of the President of the General Court of 30 September 2011 – Gollnisch v Parliament
(Case T-347/11 R)
Interim measures – Rejection of the request for the defence of immunity for a member of the European Parliament – Application for suspension of operation – Inadmissibility
1. Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Prima facie case – Urgency – Cumulative nature – Order of examination and method of verification – Discretion of the judge dealing with 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 11-13)
2. Applications for interim measures – Conditions for admissibility – Interest in bringing proceedings – Application for suspension of operation of a negative administrative decision – Decision of the European Parliament refusing a request for the defence of immunity for one of its members – Suspension not capable of changing the applicant’s position – No interest in bringing proceedings (Art. 278 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 16-20)
3. Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Urgency – Serious and irreparable damage – Burden of proof (Art. 278 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see para. 21)
Re:
| APPLICATION for suspension of operation of the decision of the European Parliament of 10 May 2011 not to defend the applicant’s immunity and privileges. |
Operative part
1. | | The application for interim measures is dismissed. |