Order of the President of the General Court of 19 May 2011 – Dagher v Council and Italy

(Case T-218/11 R)

Interim relief – Application for interim measures – Manifest lack of jurisdiction – Inadmissibility

1.                     Application for interim measures – Conditions for admissibility – Application for interim measures directed against a Member State adjunct to a main action against the Council – Inadmissibility (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(1)) (see paras 4-5)

2.                     Application for interim measures – Application linked to an action brought against a Member State – General Court clearly lacking jurisdiction – Inadmissibility (Arts 256 TFEU, 263 TFEU, 278 TFEU and 279 TFEU; Statute of the Court of Justice, Art. 51) (see para. 5)

3.                     Application for interim measures – Jurisdiction of the Court hearing the application for interim relief – Issuing of directions to third parties (Arts 256 TFEU, 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(1)) (see para. 7)

Re:

APPLICATION for: (1) an order that the Council and the Italian Republic issue a visa to the applicant; (2) suspension of operation of Council Implementing Regulation (EU) No 85/2011 of 31 January 2011, implementing Council Regulation (EC) No 560/2005 of 12 April 2005 imposing certain specific restrictive measures directed against certain persons and entities in view of the situation in Côte d’Ivoire (OJ 2005 L 28, p. 32) and Council Decision 2011/71/CFSP of 31 January 2011, amending Decision 2010/656/CFSP of 29 October 2010 renewing restrictive measures against Côte d’Ivoire (OJ 2010 L 28, p. 60); and (3) damages in compensation for loss allegedly suffered.

Operative part

1. The application for interim measures is dismissed as inadmissible inasmuch as it is brought against the Italian Republic.

2. The applicant is ordered bear his own costs.