Order of the President of the General Court of 17 July 2013 —
Borghezio v Parliament
(Case T‑336/13 R)
Interim relief — European Parliament — Measure excluding a Member of Parliament from his political group — Application to suspend enforcement — Manifest inadmissibility of the main action — Inadmissibility of the application — Lack of urgency
1. Application for interim measures — Suspension of operation of a measure — Community law — Prima facie admissibility of the main action — Summary examination of the main action by the court hearing the application for interim measures — Measure not producing binding legal effects — Measure not capable of being the subject-matter of an annulment action — Inadmissibility (Art. 278 TFEU; Rules of Procedure of the General Court, Art. 104(1)) (see paras 23-27)
2. Actions for annulment — Actionable measures — Concept — Measures producing binding legal effects — Decision to exclude an MEP taken by his political group — Measure not imputable to the Parliament — Not included — Declaration of the Parliament explaining the consequences of excluding an MEP from his political group — Measure affecting only the internal organisation of the Parliament — Not included — No infringement of the right to an effective remedy (Art. 6(1) TEU; Art. 263 TFEU; Charter of Fundamental Rights of the European Union, Art. 47) (see paras 27, 28, 32, 33)
3. Application for interim measures — Suspension of operation of a measure — Interim measures — Conditions for granting — Prima facie case — Urgency — Serious and irreparable damage — Cumulative requirements (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see para. 39)
4. Application for interim measures — Suspension of operation of a measure — Interim measures — Conditions for granting — Urgency — Serious and irreparable damage — Burden of proof — Damage arising from the exclusion of an MEP from his political group — Included — Not serious in nature — No urgency (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 42-46, 50)
Re:
| APPLICATION to suspend the enforcement of the measure of the European Parliament taken in the form of a declaration of its President at the plenary session of 10 June 2013, according to which, as from 3 June 2013, the applicant is to be regarded as a non-attached member and is thus excluded from the political group ‘Europe of Freedom and Democracy’ as from that date. |
Operative part
1. | | The application for interim relief is dismissed. |