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Document 62017TO0141

    Order of the President of the General Court of 23 March 2017.
    Gabriel Amisi Kumba v Council of the European Union.
    Application for interim measures — Restrictive measures — Democratic Republic of the Congo — Application for suspension of operation of a measure — No urgency.
    Case T-141/17 R.

    Court reports – general – 'Information on unpublished decisions' section

    Order of the President of the General Court of 23 March 2017 —
    Amisi Kumba v Council

    (Case T‑141/17 R)

    (Application for interim measures — Restrictive measures — Democratic Republic of the Congo — Application for suspension of operation of a measure — 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—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) TFEU, 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 156(4))

    (see paras 13-16)

    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

    (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 156(4))

    (see paras 19-26)

    Re:

    APPLICATION based on Articles 278 TFEU and 279 TFEU, seeking suspension of the operation of Council Regulation (EU) 2016/2230 of 12 December 2016 amending Council Regulation (EC) No 1183/2005 imposing certain specific restrictive measures directed against persons acting in violation of the arms embargo with regard to the Democratic Republic of the Congo (OJ 2016 L 336 I, p. 1).

    Operative part

    1. 

    The application for interim measures is dismissed.

    2. 

    The costs are reserved.

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