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The decision to dismiss the application for suspension was taken by the Vice-President of the Court, Antonio Tizzano. The Milan municipality's request for suspension is, however, only a "secondary" part of the dispute in the main proceedings brought by Milan, which requested the EU courts to annul the decision to transfer the headquarters of the EMA from London to Amsterdam.
In this main case, the municipality itself also requested, as a precautionary measure ("summary proceeding"), to suspend the transfer pending judgment. According to the Court, for the stay to be granted, two conditions must exist cumulatively. First: the plausible foundation of the main question. Second: the urgency to provide (that is to say the impossibility for the applicant to wait for the final decision without reporting serious and irreparable harm). The absence of only one of the conditions results in the rejection of the application. The Court did not consider that there was urgency and therefore dismissed the application.
On November 20, there had been the whammy to the exclusion of Milan for the benefit of Amsterdam with a draw contested by the municipal administration. Mayor Sala was also audited by the Brussels Parliament last May.
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