This document is an excerpt from the EUR-Lex website
Document 62023TO0286
Order of the President of the General Court of 26 July 2023.
OT v Council of the European Union.
Interim relief – Common foreign and security policy – Restrictive measures taken in respect of Russia’s actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine – Freezing of funds – Application for interim measures – No urgency.
Case T-286/23 R.
Order of the President of the General Court of 26 July 2023.
OT v Council of the European Union.
Interim relief – Common foreign and security policy – Restrictive measures taken in respect of Russia’s actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine – Freezing of funds – Application for interim measures – No urgency.
Case T-286/23 R.
Court reports – general – 'Information on unpublished decisions' section
ECLI identifier: ECLI:EU:T:2023:446
Order of the President of the General Court of 26 July 2023 –
OT v Council
(Case T‑286/23 R)
(Interim relief – Common foreign and security policy – Restrictive measures taken in respect of Russia’s actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine – Freezing of funds – Application for interim measures – No urgency)
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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 278 and 279 TFEU; Rules of Procedure of the General Court, Art. 156(4)) (see paragraphs 19-22) |
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2. |
Interim relief – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency – Serious and irreparable damage – Financial loss arising from a measure freezing funds – Possibility of requesting national authorities to unblock certain frozen funds enabling expenses and essential needs to be covered – Not irreparable (Arts 278 TFEU and 279 TFEU; Council Decision 2014/145/CFSP, as amended by Decision (CFSP) 2023/572; Council Regulations 269/2014, Art. 4(1), and 2023/571) (see paragraphs 30, 31, 35, 36, 42-47, 50-54) |
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3. |
Interim relief – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency – Serious and irreparable damage –Damage which may be caused to a third party to be taken into consideration only when balancing the interests at stake (Arts 278 and 279 TFEU; Rules of Procedure of the General Court, Art. 156(4)) (see paragraph 49) |
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4. |
Interim relief – Suspension of operation of a measure – Interim measures – Conditions for granting – Serious and irreparable damage – Contested measure infringing a superior rule of law – Condition not automatically fulfilled (Arts 278 and 279 TFEU; Rules of Procedure of the General Court, Art. 156(4)) (see paragraph 55) |
Operative part
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1. |
The application for interim relief is dismissed. |
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2. |
The costs are reserved. |