Order of the President of the General Court of 27 June 2022 –
Usmanov v Council
(Case T‑237/22 R)
(Interim relief – Common foreign and security policy – Restrictive measures taken in respect of Russian actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine – Freezing of funds – Application for interim measures – Lack of urgency – Balancing of interests)
1. |
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 14-17) |
2. |
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 – Need to provide a true overall picture of the financial situation (Arts 268 and 340 TFEU; Rules of Procedure of the General Court, Art. 156(4)) (see paras 20, 26, 29-31, 33-34, 46) |
3. |
Interim relief – Suspension of operation of a measure – Conditions for granting – Balancing of all the interests involved – Restrictive measures taken having regard to the situation in Ukraine – Decision to freeze funds – Persons or entities actively supporting, materially or financially, Russian decision-makers responsible for the annexation of Crimea or the destabilisation of Ukraine – Interests pursued by the Council prevailing over the financial interests of the applicant (Art. 3(1) and (5) TEU; Art. 278 TFEU; Rules of Procedure of the General Court, Art. 156(4); Council Decision 2014/145/CFSP, Art. 6, second para., as amended by Decisions (CFSP) 2022/329 and (CFSP) 2022/337) (see paras 38, 49, 51-57) |
4. |
Interim relief – Suspension of operation of a measure – Conditions for granting – Serious and irreparable damage – Causal link between the alleged damage and the contested act (Arts 278 and 279 TFEU; Rules of Procedure of the General Court, Art. 156(4)) (see para 42) |
Operative part
1. |
The application for interim relief is dismissed. |
2. |
The costs are reserved. |