This document is an excerpt from the EUR-Lex website
Document 62019TO0326
Order of the President of the General Court of 12 February 2020.
Tibor Gerber v European Parliament and Council of the European Union.
Interim measures — EU customs territory — Regulation (EU) 2019/474 — Directive (EU) 2019/475 — Inclusion of the municipality of Campione d’Italia and the Italian waters of Lake Lugano — Application for interim measures — Manifest inadmissibility of the main action — Inadmissibility.
Case T-326/19 R.
Order of the President of the General Court of 12 February 2020.
Tibor Gerber v European Parliament and Council of the European Union.
Interim measures — EU customs territory — Regulation (EU) 2019/474 — Directive (EU) 2019/475 — Inclusion of the municipality of Campione d’Italia and the Italian waters of Lake Lugano — Application for interim measures — Manifest inadmissibility of the main action — Inadmissibility.
Case T-326/19 R.
ECLI identifier: ECLI:EU:T:2020:64
Order of the President of the General Court of 12 February 2020 –
Gerber v Parliament and Council
(Case T‑326/19 R)
(Interim measures — EU customs territory — Regulation (EU) 2019/474 — Directive (EU) 2019/475 — Inclusion of the municipality of Campione d’Italia and the Italian waters of Lake Lugano — Application for interim measures — Manifest inadmissibility of the main action — Inadmissibility)
|
1. |
Application for 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 11, 13, 14) |
|
2. |
Application for interim relief — Admissibility criteria — Prima facie admissibility of the main action — Summary examination of the main action by the court hearing the application for interim measures (Art. 263, fourth para. TFEU; Rules of Procedure of the General Court, Art. 156(1)) (see paras 17-19) |
|
3. |
Action for annulment — Natural or legal persons — Measures of direct and individual concern to them — Person individually affected by a measure general in character — Condition — Differentiation of a person in a manner analogous to that of an addressee — None — Inadmissibility (Arts 263, fourth para. and 277 TFEU) (see paras 21-24, 35, 38) |
Re:
Application on the basis of Article 278 TFEU seeking suspension of the operation, first, of Regulation (EU) 2019/474 of the European Parliament and of the Council of 19 March 2019 amending Regulation (EU) No 952/2013 laying down the Union Customs Code (OJ 2019 L 83, p. 38), and, secondly, of Council Directive (EU) 2019/475 of 18 February 2019 amending Directives 2006/112/EC and 2008/118/EC as regards the inclusion of the Italian municipality of Campione d’Italia and the Italian waters of Lake Lugano in the customs territory of the Union and in the territorial application of Directive 2008/118/EC (OJ 2019 L 83, p. 42).
Operative part
|
1. |
The application for interim measures is refused. |
|
2. |
The costs are reserved. |