Orders (Information) nº T-883/16 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-883/16

Case T-883/16 R

Republic of Poland

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 gas pipeline from EU operating requirements - Commission decision amending the exemption from EU requirements - Application for stay of execution - No 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 - Damage capable of occurring only after the expiry of several contracts -Duration of those contracts exceeding the average duration of proceedings before the General Court - No urgency

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

3. Application for interim measures - Suspension of operation of a measure - Dismissal of 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)

4. 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 conditions for derogation from EU rules for the operation of a gas pipeline - No proof that situations arising under the legal regime made possible by that decision irreversible - No urgency

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

1. See the text of the decision.

   (see paras 22-25) 2. The urgency of an application for interim measures must be assessed in the light of the need for an interlocutory order in order to avoid serious and irreparable damage to the party seeking the interim relief before judgment is delivered on the principal action for annulment. It is for that party...