FF v Commission (Order) French Text [2019] EUECJ T-654/19_CO (12 December 2019)

FF v Commission (Order) French Text [2019] EUECJ T-654/19_CO (12 December 2019)

The request for expert appointment is inadmissible as it seeks measures of instruction relevant to the merits, not interim relief to prevent irreparable harm. The alleged harm has already occurred and cannot be remedied by interim measures. Granting the request would prejudge the outcome of the main action and is...

Source-derived case information.

Citation
[2019] EUECJ T-654/19_CO
Parties
Applicant: FF; Respondent: Commission européenne
Jurisdiction
European Union
Judgment Date
12 December 2019
Procedural Posture
Interim Relief (référé) Application in Damages Action / Order on Admissibility of Interim Measures
Outcome
interim relief application rejected as inadmissible
Legal Topics
Interim Measures, Right to Image, Damages, Admissibility, Provisional Measures
EU Institutional Law Civil Liability Interim Measures Right to Image Damages Admissibility Provisional Measures

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 11 Party arguments 2
Sign in to unlock

Parties

FF

Applicant

Commission européenne

Respondent

Procedural Posture

Interim Relief (référé) Application in Damages Action / Order on Admissibility of Interim Measures

Legal Issues

  1. 1 Whether an expert can be appointed as an interim measure to establish if the applicant is depicted in a photograph used by the EU for tobacco health warnings
  2. 2 Whether such interim measures are admissible and necessary to prevent irreparable harm

Ratio Decidendi

The request for expert appointment is inadmissible as it seeks measures of instruction relevant to the merits, not interim relief to prevent irreparable harm. The alleged harm has already occurred and cannot be remedied by interim measures. Granting the request would prejudge the outcome of the main action and is outside the scope of interim relief.

Court Disposition

interim relief application rejected as inadmissible

Orders

  • The application for interim measures is rejected.
  • Costs are reserved.