Order of the President of the General Court of 4 July 2017 —
Institute for Direct Democracy in Europe v Parliament
(Case T‑118/17 R)
(Interim proceedings — Institutional law — European Parliament — Decision awarding a grant to a political foundation — Suspension of prefinancing — Obligation to provide a bank guarantee — Application for interim measures — No urgency)
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 — Order of examination and method of verification — Discretion of the court hearing the application for interim relief — Balancing of all the interests involved
(Arts 256(1) TFEU, 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 156)
(see paras 17, 19, 20)
2. Application for interim measures — Suspension of operation of a measure — Interim measures — Conditions for granting — Urgency — Serious and irreparable damage — Burden of proof — Financial loss — Obligation to provide concrete and precise indications, supported by detailed documentary evidence — Situation which could jeopardise the existence of the applicant company or irremediably alter its position in the market
(Arts 256(1) TFEU, 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 156(4) and (5))
(see paras 31, 44, 47, 49)
3. Application for interim measures — Suspension of operation of a measure — Suspension of operation of the obligation to provide a bank guarantee in the context of the financing of a political foundation — Conditions for granting — Exceptional circumstances — Impossible to obtain a bank guarantee — Extent of the burden of proof
(Art. 278 TFEU; Rules of Procedure of the General Court, Art. 156(4))
(see paras 33-38)
4. Application for interim measures — Formal requirements — Submission of applications — Brief summary of the pleas in law on which the application is based — Pleas in law not set out in the application and pleadings — General reference to other documents — Inadmissibility
(Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 156(4) and (5))
(see paras 43, 45)
Re:
| APPLICATION pursuant to Articles 278 and 279 TFEU for the grant of interim measures, seeking, first, the suspension of operation of Parliament Decision FINS-2017-28 of 15 December 2016 concerning the funding allocated to the applicant in so far as it suspends payment of prefinancing, second, exemption from the requirement to provide a bank guarantee as a condition for prefinancing and, third, an order that the Parliament pay to the applicant the prefinancing amount. |
Operative part
1. | | The application for interim measures is dismissed. |