EUR-Lex Access to European Union law
This document is an excerpt from the EUR-Lex website
Document 62022CO0542
Order of the Vice-President of the Court of 12 October 2022.
Jean-Lin Lacapelle v European Parliament.
Appeal – Interim relief – Law governing the institutions – Member of the European Parliament – Exclusion decision taken by the Democracy Support and Election Coordination Group – Urgency – Serious and irreparable harm – Detriment to one of the attributes of the mandate of a Member of the European Parliament.
Case C-542/22 P(R).
Order of the Vice-President of the Court of 12 October 2022.
Jean-Lin Lacapelle v European Parliament.
Appeal – Interim relief – Law governing the institutions – Member of the European Parliament – Exclusion decision taken by the Democracy Support and Election Coordination Group – Urgency – Serious and irreparable harm – Detriment to one of the attributes of the mandate of a Member of the European Parliament.
Case C-542/22 P(R).
ECLI identifier: ECLI:EU:C:2022:796
Order of the Vice-President of the Court of Justice of 12 October 2022 –
Lacapelle v Parliament
(Case C‑542/22 P(R))
(Appeal – Interim relief – Law governing the institutions – Member of the European Parliament – Exclusion decision taken by the Democracy Support and Election Coordination Group – Urgency – Serious and irreparable harm – Detriment to one of the attributes of the mandate of a Member of the European Parliament)
1. |
Appeal – Grounds – Inadequate statement of reasons – Separate ground from the one concerning substantive legality (Art. 296 TFEU; Statute of the Court of Justice, Arts 36 and 58, first para.) (see paragraph 25) |
2. |
Appeal – Grounds – Inadequate statement of reasons – Reliance by the General Court on implied reasoning – Whether permissible – Conditions (Art. 256(1), second subpara., TFEU; Statute of the Court of Justice, Arts 36 and 58, first para.) (see paragraphs 26, 27) |
3. |
Application for interim relief – Conditions of admissibility – Admissibility of main application – Irrelevance – Limits (Arts 278 and 279 TFEU; Rules of Procedure of the Court, Art. 160(3)) (see paragraph 42) |
4. |
Appeal – Grounds – Incorrect assessment of the facts and evidence – Inadmissibility – Review by the Court of the assessment of the facts and evidence – Possible only where the facts or evidence have been distorted – Ground of appeal alleging distortion of the evidence – Need to indicate precisely the evidence alleged to have been distorted and show the errors of appraisal which led to that distortion – Requirement that the distortion be obvious from the documents in the file (Art. 256(1), second subpara., TFEU; Statute of the Court of Justice, Art. 58, first para.) (see paragraphs 50, 51) |
5. |
Application for interim relief – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency – Serious and irreparable damage – Burden of proof – Decision excluding a Member of the European Parliament from the Democracy Support and Election Coordination Group – No risk of adverse effects on the functions of the mandate (Arts 278 and 279 TFEU; Rules of Procedure of the Court, Art. 160(3)) (see paragraphs 54-56) |
6. |
Application for interim relief – Suspension of operation of a measure – Interim measures – Conditions for granting – Prima facie case – Urgency – Cumulative nature – Particularly strong prima facie case – No impact on the obligation to examine urgency separately (Arts 278 and 279 TFEU; Rules of Procedure of the Court, Art. 160(3)) (see paragraphs 68, 69) |
7. |
Appeal – Grounds – Plea raised for the first time in the context of the appeal – Inadmissibility (Art. 256(1), second subpara., TFEU; Statute of the Court of Justice, Art. 58, first para.) (see paragraph 73) |
8. |
Application for interim relief – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency – Serious and irreparable damage – Burden of proof (Arts 278 and 279 TFEU; Rules of Procedure of the Court, Art. 160(3)) (see paragraph 78) |
Operative part
1. |
The appeal is dismissed. |
2. |
Mr Jean-Lin Lacapelle shall pay the costs relating to the appeal proceedings. |