This document is an excerpt from the EUR-Lex website
Document 62021TO0249
Order of the President of the General Court of 28 July 2021.
SN v European Parliament.
Interim measures – Member of the European Parliament – Recovery of allowances paid by way of reimbursement of parliamentary assistance expenses – Application for suspension of operation of a measure – Failure to comply with procedural requirements – Inadmissibility – No urgency.
Case T-249/21 R.
Order of the President of the General Court of 28 July 2021.
SN v European Parliament.
Interim measures – Member of the European Parliament – Recovery of allowances paid by way of reimbursement of parliamentary assistance expenses – Application for suspension of operation of a measure – Failure to comply with procedural requirements – Inadmissibility – No urgency.
Case T-249/21 R.
Court reports – general
ECLI identifier: ECLI:EU:T:2021:496
Order of the President of the General Court of 28 July 2021 –
SN v Parliament
(Case T‑249/21 R)
(Interim measures – Member of the European Parliament – Recovery of allowances paid by way of reimbursement of parliamentary assistance expenses – Application for suspension of operation of a measure – Failure to comply with procedural requirements – Inadmissibility – No urgency)
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Judicial proceedings – Absolute bar to proceeding – Non-compliance with the Rules of Procedure – To be considered of the Court’s own motion (Arts 256(1), 278 and 279 TFEU; Rules of Procedure of the General Court, Art. 156) (see para. 14) |
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Interim relief – Formal requirements – Submission of applications – 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 256(1), 278 and 279 TFEU; Rules of Procedure of the General Court, Art. 156) (see paras 16, 17, 23, 24) |
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Interim relief – 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 and 279 TFEU; Rules of Procedure of the General Court, Art. 156(4)) (see paras 27, 29, 33) |
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Interim relief – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency – Serious and irreparable damage – Burden of proof – Purely hypothetical damage based on the occurrence of future and uncertain events – Insufficient to demonstrate urgency – Debit note of an institution without executory force – No urgency (Arts 278, 279 and 299, first para., TFEU; European Parliament and Council Regulation No 966/2012, Art. 79(2)) (see paras 35, 37) |
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European Parliament – Powers – Adoption of executory decisions including a financial obligation on the addressees – Precluded – Consequences (Art. 299 TFEU) (see para. 38) |
Re:
Application under Articles 278 and 279 TFEU for suspension of operation of the decision of the Parliament of 21 December 2020 concerning the recovery of the sum of EUR 196 199.84 unduly paid and debit note No 7010000021 of 15 January 2021 issued pursuant to that decision.
Operative part
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The application for interim measures is dismissed. |
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The costs are reserved. |