Order of the General Court (Judge hearing the application for interim measures) of 8 September 2011 – Fulmen v Council
(Case T-439/10 R)
Interim measures – Common foreign and security policy – Restrictive measures against Iran with the aim of preventing nuclear proliferation – Freezing of funds and economic resources – Application for suspension of operation – Lack of urgency
1. Applications 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 256(1) TFEU, 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 13-16)
2. Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Urgency – Serious and irreparable damage – Burden of proof – Financial loss – Situation which could jeopardise the existence of the applicant company – Application for interim measures brought several months after the main action – No new circumstances – No urgency (Art. 278 TFEU) (see paras 19, 21-31)
3. Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Urgency – Non-material damage not being capable of better remedy in interim proceedings than in the main proceedings – No urgency (Art. 278 TFEU) (see paras 32-33)
Re:
| APPLICATION for suspension of operation of the following contested measures in so far as they concern the applicant: |
| – | | Council Decision 2010/413/CFSP of 26 July 2010 concerning restrictive measures against Iran and repealing Common Position 2007/140/CFSP (OJ 2010 L 195, p. 39); |
| – | | Council Implementing Regulation (EU) No 668/2010 of 26 July 2010 implementing Article 7(2) of Regulation (EC) No 423/2007 concerning restrictive measures against Iran (OJ 2010 L 195, p. 25); |
| – | | Council Decision 2010/644/CFSP of 25 October 2010 amending Decision 2010/413/CFSP (OJ 2010 L 281, p. 81); |
| – | | Council Regulation (EU) No 961/2010 of 25 October 2010 on restrictive measures against Iran and repealing Regulation (EC) No 423/2007 (OJ 2010 L 281, p. 1). |
Operative part
1. | | The application for interim measures is dismissed. |