Order of the President of the General Court of 18 May 2017 —
RW v Commission
(Case T‑170/17 R)
(Interim measures — Civil Service — Officials — Requirement to take leave and compulsory retirement — Retirement age — Article 42c of the Staff Regulations — Application for a stay of execution — Fumus boni juris — Urgency — Balance of interests)
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. 156(4))
(see paras 21-24)
2. Application for interim measures — Admissibility criteria — Application — Formal requirements — Pleas establishing a prima facie case for the measures applied for
(Art. 278 TFEU; Rules of Procedure of the General Court, Art. 156(4))
(see paras 25-27)
3. Application for interim measures — Suspension of operation of a measure — Interim measures — Conditions for granting — Prima facie case — Prima facie examination of the pleas in law put forward in support of the main action — Action against a decision of an institution both placing an official on leave in the interests of the service and in compulsory retirement — Plea concerning infringement of the staff regulations — Plea not prima facie lacking in foundation
(Arts 278 TFEU and 279 TFEU; Staff Regulations, Arts 42c and 52 and Annex XIII, Arts 22 and 23; European Parliament and Council Regulation No 1023/2013, first, third, seventh and fourteenth recitals)
(see paras 29, 40, 43-46, 50, 57, 62)
4. Application for interim measures — Suspension of operation of a measure — Interim measures — Conditions for granting — Urgency — Serious and irreparable damage — Burden of proof — Purely hypothetical damage based on the happening of future and uncertain events — Insufficient to demonstrate urgency
(Arts 278 TFEU and 279 TFEU)
(see paras 72, 73)
5. Application for interim measures — Suspension of operation of a measure — Interim measures — Conditions for granting — Urgency — Serious and irreparable damage — Decision of an institution both placing an official on leave in the interests of the service and in compulsory retirement — Definitive deprivation of the official’s right to continue to exercise his functions until the end of his career — Irreparable nature of the damage
(Arts 278 TFEU and 279 TFEU; Staff Regulations, Arts 35, 42c and 47)
(see paras 75, 81-88)
6. Application for interim measures — Suspension of operation of a measure — Conditions for granting — Balancing of all the interests involved — Decision of an institution both placing an official on leave in the interests of the service and in compulsory retirement — Interests of the official taking priority over those of the institution
(Arts 278 TFEU and 279 TFEU)
(see paras 90, 93)
Re:
| APPLICATION on the basis of Articles 278 TFEU and 279 TFEU seeking a stay of execution of the Commission’s decision of 2 March 2017 placing the applicant on leave in the interests of the service and compulsorily retiring him with effect from 1 June 2017. |
Operative part
1. | | The execution of the Commission’s decision of 2 March 2017 placing the applicant on leave in the interests of the service and compulsorily retiring him with effect from 1 June 2017 is stayed. |