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Document 62018TO0230

Order of the President of the General Court of 4 May 2018.
Ryszard Czarnecki v European Parliament.
Interim measures — Law governing the institutions — Vice-President of the European Parliament — Decision of the Parliament to end a Vice-President’s term of office — Application for interim measures — Injunction — Inadmissibility.
Case T-230/18 R.

Court reports – general

Order of the President of the of the General Court of 4 May 2018 –
Czarnecki v Parliament

(Case T‑230/18 R)

(Interim measures — Law governing the institutions — Vice-President of the European Parliament — Decision of the Parliament to end a Vice-President’s term of office — Application for interim measures — Injunction — Inadmissibility)

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 9-12)

2. 

Application for interim measures—Suspension of operation of a measure—Admissibility criteria—Interest of the applicant in obtaining the suspension sought—Negative administrative decision of the European Parliament approving the early termination of service of the function of the Vice-President of the Parliament carried out by the applicant—Suspension incapable of altering the applicant’s situation—No legal interest in bringing proceedings—Inadmissibility

(Art. 278 TFEU)

(see paras 16, 17, 19))

3. 

Application for interim measures—Admissibility criteria—Application—Formal requirements—Detailed statement of the subject-matter of the application

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

(see paras 23-26)

Re:

Application based on Articles 278 TFEU and 279 TFEU, seeking, first, a suspension of operation of the decision of the European Parliament of 7 February 2018 approving the early cessation of the applicant’s role as Vice-President of the Parliament and, secondly, an order requiring the Parliament to allow the applicant to remain in office as Vice-President of the Parliament.

Operative part

1. 

The application for interim measures is dismissed.

2. 

The costs are reserved.

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