Orders (Information) nº T-443/17 of Tribunal General de la Unión Europea, September 26, 2017

• Resolution Date: September 26, 2017
• Issuing Organization: Tribunal General de la Unión Europea
• Decision Number: T-443/17

Order of the President of the General Court of 26 September 2017 - António Conde & Companhia v Commission

(Case T-443/17 R)

(Application for interim measures - Fishing vessels - Regional fisheries management organisation for the North-East Atlantic - Application for interim measures - No urgency)

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(4))

   (see paras 16-19)

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 - Obligation to provide concrete and precise indications, supported by detailed documentary evidence

   (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 156(4))

   (see paras 28, 29)

3. Application for interim measures - Suspension of operation of a measure - Interim measures - Conditions for granting - Urgency - Serious and irreparable damage - Burden of proof - Need to plead the risk of suffering that damage personally

   (Arts 278 TFEU and 279 TFEU)

   (see para. 35)

4. Application for interim measures - Suspension of operation of a measure - Interim measures - Conditions for granting - Urgency - Serious and irreparable damage - Burden of proof - Purely hypothetical damage based on the happening of future and uncertain events - Insufficient to demonstrate urgency

   (Arts 278...