Order of the Judge hearing applications for interim measures of 28 September 2011 – Safa Nicu Sepahan v Council
(Case T-384/11 R)
Application for interim measures – Common foreign and security policy – Restrictive measures adopted against Iran with the aim of preventing nuclear proliferation – Freezing of funds and economic resources – Application for interim measures – 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 – Balancing of all the interests involved – Discretion of the judge dealing with 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 12-14)
2. Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency – Serious and irreparable damage – Burden of proof – Financial loss – Situation which could jeopardise the existence of the applicant company – None (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 19-25)
3. Applications 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 (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 26-27)
Re:
| APPLICATION for interim measures, including suspension of operation of point 19 of Table B of Annex I to Council Implementing Regulation (EU) No 503/2011 of 23 May 2011 implementing Regulation (EU) No 961/2010 on restrictive measures against Iran (OJ 2011 L 136, p. 26), in so far as the list of persons and entities whose funds and economic resources are frozen includes an entity designated under the name of ‘Safa Nicu’. |
Operative part
1. | | The application for interim measures is dismissed. |