Orders (Information) nº T-198/12 of The General Court, May 15, 2013

• Resolution Date: May 15, 2013
• Issuing Organization: The General Court
• Decision Number: T-198/12

Case T‑198/12 R

Federal Republic of Germany

v

European Commission

(Interim relief — Limit values for antimony, arsenic, barium, lead and mercury in toys — Commission’s refusal to approve in full the national provisions notified by the German authorities and maintaining limit values for those substances — Application for interim measures — Admissibility — Urgency — Prima facie case — Weighing up of the interests)

Summary — Order of the President of the General Court, 15 May 2013

1. Application for interim measures — Suspension of operation of a measure — Interim measures — Conditions for granting — Prima facie case — Urgency — Serious and irreparable damage — Cumulative nature — Balancing of all the interests involved — Discretion of the court hearing the application for interim relief

   (Arts 256(1) TFEU, 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2))

2. Application for interim measures — Interim measures — Aim — Full effectiveness of the future decision on the merits without prejudging its sense or depriving it of effect — Application seeking measures outside the context of the main dispute and requiring a prima facie assessment of matters foreign to it — Inadmissibility — Discretion of the court hearing the application for interim relief — Effects of the interim decision capable of going beyond those attaching to a judgment of annulment

   (Art. 279 TFEU; Rules of Procedure of the General Court, Art. 104)

3. Application for interim measures — Interim measures — Application for interim measures in the context of an action for annulment of a negative decision — Admissibility

   (Art. 279 TFEU; Rules of Procedure of the General Court, Art. 104)

4. Application for interim measures — Suspension of operation of a measure — Conditions for granting — Prima facie case

   (Art. 278 TFEU)

5. Approximation of laws — Article 114 TFEU — Procedure for approval of national provisions in derogation — Application seeking maintenance of pre-existing national provisions — Possibility of the applicant Member State basing its request on an assessment of the public health risk different from that used by the EU legislature — Obligation to establish a higher level of public health protection than the EU harmonisation measure — Duty to comply with the principle of proportionality

   (Art. 114(4) and (6) TFEU)

6. Application for interim measures — Interim measures — Urgency — Serious and irreparable damage — Burden of proof

   (Art....