Order of the President of the General Court of 20 July 2016

Data

Court: General Court

Case date: 20 juli 2016

Verdict

Order of the President of the General Court of 20 July 2016 —

Director-General of OLAF v Commission

(Case T‑251/16 R)

"Interim measures - Law governing the institutions - Decision to waive the immunity from legal proceedings of the Director-General of OLAF - Measure liable to call into question the independence of the Director-General - Application for suspension of operation - Lack of urgency"

Application for interim measuresSuspension of operation of a measureInterim measuresConditions for grantingPrima facie caseUrgencySerious and irreparable damageCumulative natureBalancing of all the interests involvedDiscretion 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(3)) (see paras 26, 34, 35)

Application for interim measuresSuspension of operation of a measureAdmissibility criteriaPrima facie admissibility of the main action (Art. 278 TFEU; Rules of Procedure of the General Court, Art. 156(1) and (2) (see paras 30-32)

Application for interim measuresSuspension of operation of a measureInterim measuresConditions for grantingUrgencySerious and irreparable damageBurden of proofCommission decision waiving the immunity of the Director-General of the European Anti-Fraud Office (OLAF)Performance of that director’s tasks and proper functioning of OLAF not underminedNo urgency (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 156(4)) (see paras 43-51)

Application for interim measuresSuspension of operation of a measureInterim measuresConditions for grantingUrgencyNon-material damage not capable of being better remedied at the interim stage than in the main proceedingsNone (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 156(4)) (see para. 57)

Privileges and immunities of the European UnionImmunityWaiver of immunityDirector-General of the European Anti-Fraud Office (OLAF)LawfulnessConditions (Protocol on the Privileges and Immunities of the European Union, Art. 17) (see para. 58)

Re:

APPLICATION based on Articles 278 TFEU and 279 TFEU, seeking to obtain suspension of the operation of Commission Decision C(2016) 1449 final of 2 March 2016 concerning an application for waiver of immunity.

Operative part

The application for interim measures is dismissed.

The order of 6 June 2016 made in Case T‑251/16 R is set aside.

Costs are reserved.