This document is an excerpt from the EUR-Lex website
Document 62023TO0411
Order of the President of the General Court of 8 September 2023.
YS v Council of the European Union and European Commission.
Interim relief – Law governing the institutions – Enhanced cooperation on the establishment of the European Public Prosecutor’s Office – Regulation (EU) 2017/1939 – Appointment of European Prosecutors – Derived unlawfulness – Candidates nominated by Greece – Application for suspension of operation of a measure – No urgency.
Case T-411/23 R.
Order of the President of the General Court of 8 September 2023.
YS v Council of the European Union and European Commission.
Interim relief – Law governing the institutions – Enhanced cooperation on the establishment of the European Public Prosecutor’s Office – Regulation (EU) 2017/1939 – Appointment of European Prosecutors – Derived unlawfulness – Candidates nominated by Greece – Application for suspension of operation of a measure – No urgency.
Case T-411/23 R.
ECLI identifier: ECLI:EU:T:2023:528
Order of the President of the General Court of 8 September 2023 –
YS v Council
(Case T‑411/23 R)
(Interim relief – Law governing the institutions – Enhanced cooperation on the establishment of the European Public Prosecutor’s Office – Regulation (EU) 2017/1939 – Appointment of European Prosecutors – Derived unlawfulness – Candidates nominated by Greece – Application for suspension of operation of a measure – No urgency)
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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 paragraphs 13, 14) |
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2. |
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 (Arts 278 and 279 TFEU; Rules of Procedure of the General Court, Art. 156(4)) (see paragraph 17) |
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Interim relief – Suspension of operation of a measure – Conditions for granting – Urgency – Serious and irreparable damage – Burden of proof – Serious and irreparable damage for the applicant – Alleged damage flowing from a Council decision on the rules applicable to the appointment of the European Prosecutors to the European Public Prosecutor’s Office – Commission decision not the determinant cause of the damage – Alleged damage caused to the smooth functioning of the European Public Prosecutor’s Office and of justice – Personal interests of the applicant not adversely affected – No urgency (Art. 278 TFEU; Rules of Procedure of the General Court, Art. 156(4); Council Regulation No 2017/1939, Art. 16(2)) (see paragraphs 22-26) |
Operative part
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The application for interim measures is rejected. |
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The costs are reserved. |