Order of the President of the General Court of 26 June 2017

Data

Court: General Court

Case date: 26 juni 2017

Verdict

Order of the President of the General Court of 26 June 2017 —
Jalkh v Parliament

(Case T‑27/17 R)

"(Interim measures - Institutional law - Member of the European Parliament - Privileges and immunities - Waiver of the parliamentary immunity of a Member of the European Parliament - Application for suspension of operation - No urgency)"

Application for interim measuresSuspension of operation of a measureInterim measuresConditions for grantingPrima facie caseUrgencySerious and irreparable damageCumulative natureBalancing of all the interests involvedOrder of examination and method of verificationDiscretion 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(4))

(see paras 11-14)

Application for interim measuresAdmissibility criteriaApplicationFormal requirementsPleas establishing a prima facie case for the measures applied for

(Art. 278 TFEU; Rules of Procedure of the General Court, Art. 156(4))

(see paras 19-21)

Application for interim measuresSuspension of operation of a measureInterim measuresConditions for grantingUrgencySerious and irreparable damageBurden of proofDecision of the European Parliament waiving the immunity of a MemberNo undermining of the right freely to exercise the parliamentary mandate and the proper function of the ParliamentNo urgency

(Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 156(4))

(see paras 35, 36)

Application for interim measuresSuspension of operation of a measureInterim measuresConditions for grantingUrgencySerious and irreparable damageBurden of proofWhether the risk materialises dependent on uncertain, future eventsNo urgency

(Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 156(4))

(see paras 37, 38)

Application for interim measuresSuspension of operation of a measureInterim measuresConditions for grantingUrgencySerious and irreparable damageAccount to be taken of the manifest illegality of the contested measureBurden of proof

(Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 156(4))

(see paras 40, 41)

Re:

APPLICATION based on Articles 278 and 279 TFEU seeking suspension of the operation of the decision of the Parliament of 22 November 2016 concerning the waiver of Mr Jalkh’s immunity in view of the judicial investigation (No 14142000183) open before the Tribunal de Grande Instance de Nanterre (Court of First Instance, Nanterre, France).

Operative part

The application for interim measures is dismissed.
Costs are reserved.