Orders (Information) nº T-130/17 of Tribunal General de la Unión Europea, July 21, 2017

• Resolution Date: July 21, 2017
• Issuing Organization: Tribunal General de la Unión Europea
• Decision Number: T-130/17

Case T-130/17 R

Polskie Górnictwo Naftowe i Gazownictwo S.A.

v

European Commission

(Application for interim measures - Internal market in natural gas - Directive 2009/73/EC - Application by the Bundesnetzagentur for review of the exemption of the OPAL pipeline from the EU requirements for its operation - Commission decision amending the exemption from the EU requirements - Application for a stay of execution of a measure - Lack of any urgency)

Summary - Order of the President of the General Court, 21 July 2017

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 - Order of examination and method of verification - Discretion of the court hearing the application for interim relief - Balancing of all the interests involved

   (Arts 256(1) TFEU, 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 156)

2. Application for interim measures - Suspension of operation of a measure - Interim measures - Conditions for granting - Urgency - Serious and irreparable damage - Burden of proof - Commission decision amending the exemption from the EU requirements for the operation of a pipeline - Lack of irreversibility of the situations arising from the legal regime made possible by that decision - No urgency

   (Arts 256(1) TFEU, 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 156)

3. Application for interim measures - Suspension of operation of a measure - Interim measures - Conditions for granting - Urgency - Serious and irreparable damage - Burden of proof - Harm unable to occur until, at the earliest, several contracts had expired - Duration of those contracts exceeding the average duration of proceedings before the General Court - Possibility of priority handling of the case or the application of the expedited procedure - Possibility of submitting a new application if there are new facts - No urgency

   (Arts 256(1) TFEU, 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Arts 67(2), 151(2), 156 and 160)

4. Application for interim measures - Suspension of operation of a measure - Dismissal of the application - Possibility of bringing a new application - Condition - New facts

   (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 160)

5. Application for interim measures - Suspension of operation of a measure - Interim measures -...