Corte di giustizia UEsentenza
Corte di giustizia UE/2026
ECLI:EU:C:2026:374
Testo integrale del provvedimento
Anonimizzato ex art. 52 D.Lgs. 196/2003
[OSCURATO:PERSONA] [OSCURATO:PERSONA]
4 May 2026 (
*
)
( Interim relief – Appeal – Application for interim measures – Dismissal of the main action – No need to adjudicate )
[OSCURATO:PERSONA] C‑582/25 P-R,
APPLICATION for suspension of operation and other interim measures under Articles 278 and 279 TFEU, brought on 12 January 2026,
[OSCURATO:PERSONA],
residing in Partille (Sweden), represented by himself,
appellant,
the other party to the proceedings being:
[OSCURATO:PERSONA],
defendant at first instance,
[OSCURATO:PERSONA] [OSCURATO:PERSONA]
after hearing the [OSCURATO:PERSONA], M. Szpunar,
makes the following
Order
1
By his application for interim measures, [OSCURATO:PERSONA] requests that the Court order the [OSCURATO:PERSONA] to adopt provisional steps towards initiating infringement proceedings against the Kingdom of Sweden or, in the alternative, formally to reconsider his complaint under Article 258 TFEU within a set time limit.
2
The application was made after the appeal, brought on 26 August 2025 by the appellant under Article 56 of the Statute of the Court of Justice of the [OSCURATO:PERSONA], asking the Court of Justice, first, to set aside the order of the [OSCURATO:PERSONA] of the [OSCURATO:PERSONA] of 21 August 2025,
Arasteh
v
Commission
(T‑421/25, EU:T:2025:800), by which the [OSCURATO:PERSONA] dismissed as manifestly inadmissible the appellant’s action seeking compensation for the damage allegedly caused to him by the Commission by failing to initiate infringement proceedings against the Kingdom of Sweden, and, second, to set aside the order of the President of the [OSCURATO:PERSONA] of 21 August 2025,
Arasteh
v
Commission
(T‑421/25 R, EU:T:2025:799), by which the latter dismissed his application requesting that the Commission be ordered to adopt provisional steps towards initiating infringement proceedings against the Kingdom of Sweden or, in the alternative, formally to reconsider his complaint under Article 258 TFEU within a set time limit.
3
By order of 30 October 2025,
Arasteh
v
Commission
(C‑590/25 P(R), EU:C:2025:861), the Vice-President of the Court dismissed the appeal as manifestly inadmissible, in so far as it relates to the order of the President of the [OSCURATO:PERSONA] of 21 August 2025,
Arasteh
v
Commission
(T‑421/25 R, EU:T:2025:799).
4
By order of today’s date,
Arasteh
v
Commission
(C‑582/25 P, not published), the Court of Justice dismissed, on the basis of Article 181 of the Rules of Procedure of the Court of Justice, the appeal in the main proceedings, that is to say, in so far as it relates to the order of the [OSCURATO:PERSONA] of 21 August 2025,
Arasteh
v
Commission
(T‑421/25, EU:T:2025:800), as manifestly inadmissible.
5
It follows from Article 160(1) and (2) and from Article 162(3) and (4) of the Rules of Procedure that proceedings for interim measures are ancillary in relation to the main proceedings. There is therefore no longer any need to adjudicate on the application for interim measures where, as in the present case, the main proceedings have been brought to an end.
Costs
6
In accordance with Article 142 of the Rules of Procedure, where a case does not proceed to judgment, the costs are to be in the discretion of the Court.
7
Since the present order was adopted before the application for interim measures was served on the Commission and before the latter could have incurred costs, it is appropriate to decide that the appellant is to bear his own costs.
On those grounds, the judge hearing the application for interim measures hereby orders:
1.
There is no longer any need to adjudicate on the application for interim measures.
2.
[OSCURATO:PERSONA] shall bear his own costs.
Luxembourg, 4 May 2026.
A. [OSCURATO:PERSONA]
F. [OSCURATO:PERSONA]
*
Language of the case: English.