Ema, the European Court rejects the request for suspension for Milan – Health

The Court of Justice of the EU "rejected, because of the absence of the only requirement of urgency and without anything to pre-empt the substance", the request from the Municipality of Milan to suspend the transfer of the European Union Agency for Smarties (Ema) to Amsterdam. The decision to reject the suspension request was taken by the Vice-President of the Court, Antonio Tizzano. The request for suspension of the Municipality of Milan is only a "secondary" part of the main proceedings brought by Milan, which asked the judges of the Union to annul the decision of 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 probable foundation of the main question; secondly, 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.