Order of the vice-President of the Court of 27 February 2018 — Czech Republic v Parliament and Council
(Case C‑482/17 R) (1)
(Application for interim measures — Article 278 TFEU — Suspension of the operation of an EU act — Directive (EU) 2017/853 amending Directive 91/477/EEC — Monitoring of the acquisition and holding of fire arms — 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 — Weighing-up of the interests — Discretion of the court hearing the application for interim relief
(Arts 278 TFEU and 279 TFEU; Rules of Procedure of the Court of Justice, Art. 160(3))
(see para 22)
2. Application for interim measures — Suspension of operation of a measure — Interim measures — Conditions for granting — Urgency — Serious and irreparable damage — Burden of proof — Damage which a Member State may invoke
(Arts 278 TFEU and 279 TFEU; Rules of Procedure of the Court of Justice, Art. 160(3))
(see paras 23, 24)
3. Application for interim measures — Suspension of operation of a measure — Interim measures — Conditions for granting — Serious and irreparable damage — Contested measure infringing a superior rule of law — Condition not automatically fulfilled
(Arts 278 TFEU and 279 TFEU; Rules of Procedure of the Court of Justice, Art. 160(3))
(see para 38)
4. Application for interim measures — Suspension of operation of a measure — Interim measures — Conditions for granting — Urgency — Serious and irreparable damage — Significant changes made to the legislation applicable in the area — No imminent risk of serious financial loss — No urgency
(Arts 278 TFEU and 279 TFEU; Rules of Procedure of the Court of Justice, Art. 160(3))
(see para 39)
5. Application for interim measures — Suspension of operation of a measure — Interim measures — Conditions for granting — Serious and irreparable damage — Financial loss — Damage which may subsequently be made good by compensation or by means of an action for damages — Damage which cannot be regarded as irreparable
(Arts 268 TFEU, 278 TFEU, 279 TFEU and 340 TFEU; Rules of Procedure of the Court of Justice, Art. 160(3))
(see para 54)
Operative part
1. | | The application for interim measures is dismissed. |