Order of the President of the General Court of 27 November 2013 —
Oikonomopoulos v Commission
(Case T‑483/13 R)
Interim relief — Investigation conducted by OLAF — Action for damages — Financial and non-material damage allegedly suffered by the applicant — Application for interim measures — Inadmissibility — 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. 104(2)) (see paras 11‑13)
2. Application for interim measures — Interim measures — Conditions for granting — Urgency — Serious and irreparable damage — Transmission to the national authorities of information gathered in an investigation by the European Anti-Fraud Office (OLAF) — Damage having already occurred at the time the court decision was adopted — No urgency (Arts 256(1) TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 19, 32, 40, 42, 43)
3. Application for interim measures — Interim measures — Community law — Application seeking measures outside the scope of the main proceedings — Inadmissibility (Arts 256(1) TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 20, 28‑30)
4. Actions for damages — Jurisdiction of the EU judicature — EU to be ordered to pay compensation for damage in accordance with general principles common to the laws of the Member States on non-contractual liability — Reparation in kind in the form of an injunction or prohibition (Arts 268 TFEU and 340, second para., TFEU) (see para. 23)
5. EU law — Principles — Right to effective judicial protection — Transmission to the national authorities of information gathered in an investigation by the European Anti-Fraud Office (OLAF) — Discretion of the national authorities as to the action to be taken — Protection from possible prosecution assured at national level — Burden of proof (Art. 267 TFEU; Charter of Fundamental Rights of the European Union, Art. 47; European Parliament and Council Regulation No 1073/1999, Art. 10(2)) (see paras 33‑37)
6. Application for interim measures — Interim measures — Conditions for granting — Serious and irreparable damage — Transmission to the national authorities of information gathered in an investigation by the European Anti-Fraud Office (OLAF) — Damage to the applicant’s reputation — Damage which cannot be regarded as irreparable (Arts 256(1) TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see para. 38)
Re:
| APPLICATION for interim measures lodged as part of an action for damages seeking compensation for the damage the applicant suffered in the course of his professional activities and regarding his reputation resulting from allegedly unlawful conduct of the European Anti-Fraud Office (OLAF) as part of an investigation conducted by its agents. |
Operative part
1. | | The application for interim measures is dismissed. |