Order of the President of the General Court of 17 December 2010 – Uspaskich v Parliament
(Case T-507/10 R)
Interim measures – Waiver of the immunity of a member of the European Parliament – Application for suspension of operation
1. Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Prima facie case – Serious and irreparable damage – Cumulative nature – 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 13-15)
2. Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – 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 19, 26-27, 31-32)
3. Actions for annulment – Actionable measures – Measures of the Parliament intended to have legal effects vis-à-vis third parties – Decision of the European Parliament waiving the immunity of a Member – Included (Art. 230, first para., EC; Protocol on the privileges and immunities of the European Communities) (see para. 24)
Re:
| APPLICATION to suspend the operation of the resolution of the European Parliament of 7 September 2010 waiving the applicant’s immunity. |
Operative part
1. | | The application for interim measures is dismissed. |