Order of the President of the Court of 11 November 2011 – Nencini v Parliament
(Case C-530/10 P(R))
Appeal – Application for interim measures – Member of the European Parliament – Recovery of allowances paid by way of repayment of parliamentary assistance and travel expenses – Application for suspension of operation of a measure – Lack of any urgency
1.Applications for interim measures – Appeals – Suspension of operation of a measure – Claim relating to measures drafted in a language other than that of the addressee – Contested measures replaced by new measures essentially the same in substance but drafted in another language – No need to adjudicate – (Art. 278 TFEU; Rules of Procedure of the Court of Justice, Art. 83) (see paras 16-19)
2.Applications for interim measures – Conditions of admissibility – Application – Formal requirements – Pleas establishing a prima facie case for the measures applied for – Lodging of a supplementary pleading for the purpose of putting right deficiencies – Incompatibility with proceedings for interim measures (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 28-31, 37)
Re:
| Appeal against the order of the President of the Court of First Instance of 19 October 2010 in Case T-431/10 R | Nencini | v | Parliament | rejecting an application for suspension of the operation of various measures of the Parliament relating to the recovery of Parliamentary allowances said to have been overpaid. |
Operative part
1. |
| The appeal is dismissed. |
2. |
| Mr Nencini is ordered to pay the costs. |