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Document 62011TO0421
Order of the General Court (judge hearing the application for interim measures) of 3 October 2011. # Qualitest FZE v Council of the European Union. # Application for interim measures - Common foreign and security policy - Restrictive measures adopted against Iran with the aim of preventing nuclear proliferation - Freezing of funds and economic resources - Application for suspension of operation of a measure - Lack of urgency. # Case T-421/11 R.
Order of the General Court (judge hearing the application for interim measures) of 3 October 2011.
Qualitest FZE v Council of the European Union.
Application for interim measures - Common foreign and security policy - Restrictive measures adopted against Iran with the aim of preventing nuclear proliferation - Freezing of funds and economic resources - Application for suspension of operation of a measure - Lack of urgency.
Case T-421/11 R.
Order of the General Court (judge hearing the application for interim measures) of 3 October 2011.
Qualitest FZE v Council of the European Union.
Application for interim measures - Common foreign and security policy - Restrictive measures adopted against Iran with the aim of preventing nuclear proliferation - Freezing of funds and economic resources - Application for suspension of operation of a measure - Lack of urgency.
Case T-421/11 R.
European Court Reports 2011 II-00344*
ECLI identifier: ECLI:EU:T:2011:557
Order of the General Court of 3 October 2011 – Qualitest FZE v Council
(Case T-421/11 R)
Application for interim measures – Common foreign and security policy – Restrictive measures adopted against Iran with the aim of preventing nuclear proliferation – Freezing of funds and economic resources – Application for suspension of operation of a measure – Lack of urgency
1. Applications 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 – 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. 104(2)) (see paras 12-14)
2. Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency – Serious and irreparable damage – Burden of proof – Financial loss – Situation which could jeopardise the existence of the applicant company – Assessment having regard to the situation of the group to which the undertaking belongs (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 19-23, 25-26)
3. Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency – Non-material damage not being capable of better remedy in interim proceedings than in the main proceedings (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 28-29)
Re:
APPLICATION for suspension of operation of Council Implementing Regulation (EU) No 503/2011 of 23 May 2011 implementing Regulation (EU) No 961/2010 on restrictive measures against Iran (OJ 2011 L 136, p. 26) and of Council Decision 2011/299/CFSP of 23 May 2011 amending Decision 2010/413/CFSP concerning restrictive measures against Iran (OJ 2011 L 136, p. 65), in so far as they concern the applicant. |
Operative part
1. |
The application for interim measures is dismissed. |
2. |
The costs are reserved. |