Abenante and Others v Parliament and Council (Order) French Text [2021] EUECJ T-527/21_CO (29 October 2021)

Abenante and Others v Parliament and Council (Order) French Text [2021] EUECJ T-527/21_CO (29 October 2021)

The applicants failed to demonstrate urgency or grave and irreparable harm; the regulation does not constitute a prerequisite for free movement, and no evidence was provided of aggravated conditions or irreparable financial or moral harm. Therefore, the application for interim relief is rejected.

Source-derived case information.

Citation
[2021] EUECJ T-527/21_CO
Parties
Applicant: Stefania Abenante and others; Respondent: European Parliament; Respondent: Council of the European Union
Jurisdiction
European Union
Procedural Posture
Interim Relief Application (référé) / Order on Interim Measures
Outcome
Application for interim relief rejected; costs reserved.
Legal Topics
COVID 19 Regulation, Free Movement of Persons, Interim Measures, Fundamental Rights, Urgency Requirement
European Union Law Administrative Law Human Rights COVID 19 Regulation Free Movement of Persons Interim Measures Fundamental Rights Urgency Requirement

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Parties

Stefania Abenante and others

Applicant

European Parliament

Respondent

Council of the European Union

Respondent

Procedural Posture

Interim Relief Application (référé) / Order on Interim Measures

  1. 1 Whether the applicants established urgency justifying suspension of Regulation (EU) 2021/953, Article 3(1)(a) and (b)
  2. 2 Whether the applicants demonstrated a grave and irreparable harm warranting interim relief
  3. 3 Whether the COVID certificate regulation unlawfully discriminates or infringes fundamental rights

Ratio Decidendi

The applicants failed to demonstrate urgency or grave and irreparable harm; the regulation does not constitute a prerequisite for free movement, and no evidence was provided of aggravated conditions or irreparable financial or moral harm. Therefore, the application for interim relief is rejected.

Court Disposition

Application for interim relief rejected; costs reserved.

Orders

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