Order of the President of the General Court of 22 July 2010 – H v Council and Others
(Case T-271/10 R)
Application for interim measures – Common foreign and security policy – National official seconded to the European Union Police Mission in Bosnia and Herzegovina – Decision to redeploy and downgrade – Application for suspension of operation of a measure – Admissibility – 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 – Discretion of the judge dealing with the application for interim relief (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 13-15)
2. Procedure – Application initiating proceedings – Application for interim measures – Identification of the defendant – Action against the Council, the Commission and the EU Police Mission without legal personality – Possibility of clarification by the judge dealing with the application for interim relief (Art. 263, first and fourth paras, TFEU; Rules of Procedure of the General Court, Art. 44(1); Council Decision 2009/906) (see paras 18-21)
3. Application for interim measures – Conditions for admissibility – Application – Formal requirements – Detailed statement of the subject-matter (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Arts 44(1)(d), and 104)(3)) (see para. 22)
4. Application 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 – None (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 29-37)
Re:
| APPLICATION for suspension of operation of the decision of 7 April 2010 of the Head of the European Union Police Mission (EUPM) in Bosnia and Herzegovina having the effect of downgrading and redeploying the applicant. |
Operative part
1. | | The Council of the European Union and the European Commission are considered to be the only defendants. |
2. | | The application for interim measures is dismissed. |