Order of the President of the General Court of 30 September 2011 – Gollnisch v Parliament
(Case T-346/11 R)
Interim measures – Waiving of the immunity of a member of the European Parliament – 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 – Cumulative nature – Balancing of all the interests involved – Order of examination and method of verification – 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 11-13, 27)
2. Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency – Serious and irreparable damage – Burden of proof – Decision of the European Parliament waiving the immunity of a Member – No undermining of the right freely to exercise the parliamentary mandate and the proper function of the Parliament – No urgency (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 16, 23-26)
3. Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency – Serious and irreparable damage – Account to be taken of the manifest illegality of the contested measure – Burden of proof (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 18-19)
4. Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency – Serious and irreparable damage – Burden of proof – Realisation of the damage depending on future and uncertain events – Lack of urgency (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 21-22)
Re:
| APPLICATION for suspension of operation of the decision of the European Parliament of 10 May 2011 waiving the applicant’s immunity. |
Operative part
1. | | The application for interim measures is dismissed. |