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Order of the President of the Court of First Instance of 12 August 1998. # Maria Paola Sabbatucci v European Parliament. # Application for interim measures - Amicable settlement - Binding nature - Mandatory removal from the register - Conditions. # Case T-42/98 R.
ECLI:EU:T:1998:189
61998TO0042
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Avis juridique important
61998B0042
European Court reports 1998 Page II-03043 Page IA-00459 Page II-01353
Summary
Keywords
Procedure - Amicable settlement in connection with an application for interim relief - Binding nature - Correct implementation - Automatic removal from the register
Since an amicable settlement agreed by the parties before a judge hearing an application for interim measures is legally binding, it must be enforced by him.
Where, on expiry of the time-limit specified in the minutes of the hearing in proceedings on an application for interim measures, within which the parties are required to inform the court of the results of the implementation of an amicable settlement, the judge finds that although the settlement was correctly implemented the applicant does not honour the undertaking given to withdraw his application for interim measures in such a situation, the judge must of his own motion order that application to be removed from the register.