Order of the President of the General Court of 19 October 2010 – Nencini v Parliament

(Case T-431/10 R)

Interim measures – Member of the European Parliament – Recovery of allowances paid in reimbursement of parliamentary assistance expenses and travel costs – Application for stay of execution – Lack of urgency

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 8-9)

2.                     Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency – Serious and irreparable damage – Burden of proof – Decision of the European Parliament finding an obligation to recover allowances unduly paid to one of its Members – Situation entailing mere inconvenience for the applicant – Decision without enforcement measures – No imminent risk of serious financial loss – No urgency (Arts 256(1) TFEU, 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 12-17)

3.                     Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Urgency – Serious and irreparable damage – Decision of the European Parliament finding an obligation to recover allowances unduly paid to one of its Members – Parliament needing to bring proceedings before a competent national court where voluntary payment refused – No urgency (Arts 256(1) TFEU, 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see para. 19)

Re:

Operative part