Orders (Information) nº T-43/15 of Tribunal General de la Unión Europea, April 24, 2015

• Resolution Date: April 24, 2015
• Issuing Organization: Tribunal General de la Unión Europea
• Decision Number: T-43/15

Case T-43/15 R

(publication by extracts)

CRM Srl

v

European Commission

(Application for interim measures - Registration of a protected geographical indication - ‘Piadina Romagnola/Piada Romagnola’ - Application for suspension of operation of a measure - No urgency)

Summary - Order of the President of the General Court, 24 April 2015

1. Application for interim measures - Suspension of operation of a measure - Interim measures - Conditions for granting - Urgency - Lack of diligence by the applicant taken into account

   (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2); Council Regulation No 510/2006, Art. 5(5) and (6); Commission Regulation No 1174/2014)

2. Application for interim measures - Suspension of operation of a measure - Interim measures - Conditions for granting - Urgency - Serious and irreparable damage - Burden of proof - Financial loss - Situation liable to endanger the existence of the applicant company - Assessment having regard to the situation of the group to which the undertaking belongs

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

3. Application for interim measures - Suspension of operation of a measure - Conditions for granting - Serious and irreparable damage - Financial loss - Loss capable of being subsequently remedied by means of an action for compensation

   (Arts 268 TFEU, 278 TFEU and 340 TFEU; Rules of Procedure of the General Court, Art. 104(2))

1. When suspension of the operation of an EU measure is sought, the grant of the interim measure requested is justified only where the act at issue constitutes the decisive cause of the alleged serious and irreparable harm. The harm must result from effects produced by the disputed measure alone and not from a lack of diligence on the part of the party seeking the interim measure. If it has not demonstrated the full level of diligence that ought to be demonstrated by a prudent and well-informed undertaking, the party seeking interim measures must bear even harm which it claims is liable to jeopardise its existence or to alter irrevocably its position on the market.

   In the case of an application for interim measures citing serious and irreparable harm, both financial and non-financial, and resting on the premiss that Regulation No 1174/2014, registering a designation in the register of protected designations of origin and protected geographical indications, prohibits the applicant from using...