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Order of the General Court (judge hearing the application for interim measures) of 28 September 2011. # Safa Nicu Sepahan Co. 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 interim measures - Lack of urgency. # Case T-384/11 R.
ECLI:EU:T:2011:545
62011TO0384
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Order of the Judge hearing applications for interim measures of 28 September 2011 – Safa Nicu Sepahan v Council
(Case T-384/11 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 interim measures – 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 judge dealing with 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 – None (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 19-25)
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 26-27)
Re:
APPLICATION for interim measures, including suspension of operation of point 19 of Table B of Annex I to 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), in so far as the list of persons and entities whose funds and economic resources are frozen includes an entity designated under the name of ‘Safa Nicu’.
Operative part
1.The application for interim measures is dismissed.
2.Costs are reserved.