Order of the Vice-President of the General Court of 30 July 2021 –
Puigdemont i Casamajó and Others v Parliament
(Case T‑272/21 R)
(Interim relief – Institutional law – Member of Parliament – Privileges and immunities – Waiver of the parliamentary immunity of a Member of the Parliament – Application for suspension of operation of a measure – No urgency)
1. Interim relief – Suspension of operation of a measure – Admissibility criteria – Prima facie admissibility of the main action
(Art. 278 TFEU; Rules of Procedure of the General Court, Art. 156(1) and (2))
(see para. 31)
2. Interim relief – 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 – Order of examination and method of verification – Discretion of the court hearing the application for interim relief
(Arts 256(1), 278 and 279 TFEU; Rules of Procedure of the General Court, Art. 156(4))
(see paras 33-36)
3. Interim relief – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency – Serious and irreparable damage – Burden of proof borne by the party seeking the interim measure
(Art. 278 TFEU)
(see paras 39, 40)
4. Interim relief – Suspension of operation of a measure – Interim measures – Conditions for granting – Serious and irreparable damage – Contested measure infringing a superior rule of law – Condition not automatically fulfilled – Burden of proof
(Arts 278 and 279 TFEU; Rules of Procedure of the General Court, Art. 156(2))
(see para. 42)
Re:
| Application under Articles 278 and 279 TFEU for the suspension of operation of decisions P9_TA(2021)0059, P9_TA(2021)0060 and P9_TA(2021)0061 of the Parliament of 9 March 2021 on the request for waiver of the applicants’ immunity. |
Operative part
1. | | The application for interim measures is dismissed. |
2. | | The order of 2 June 2021, Puigdemont i Casamajó and Others v Parliament (T‑272/21 R) is set aside. |
3. | | The costs of the main parties are reserved. |
4. | | The Kingdom of Spain shall bear its own costs. |