Orders (Information) nº T-244/18 of Tribunal General de la Unión Europea, July 10, 2018

• Resolution Date: July 10, 2018
• Issuing Organization: Tribunal General de la Unión Europea
• Decision Number: T-244/18

Order of the President of the of the General Court of 10 July 2018 - Synergy Hellas v Commission

(Case T-244/18 R)

(Application for interim measures - Grant agreement concluded under the Sixth Framework Programme for research, technological development and demonstration activities (2002-2006) - Recovery of the sums paid - Application for suspension of operation - Lack of 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 15, 17, 18)

2. Application for interim measures - Suspension of operation of a measure - Interim measures - Conditions for granting - Urgency - Serious and irreparable damage - Burden of proof borne by the party seeking the interim measure

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

   (see para. 21)

3. 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 which could jeopardise the existence of the applicant company or irremediably alter its position in the market - Assessment having regard to the situation of the group to which the applicant company belongs

   (Arts 256(1) TFEU, 268 TFEU, 278 TFEU, 279 TFEU and 340 TFEU; Rules of Procedure of the General Court, Art. 156, ß 4)

   (see paras 22-24)

4. Application for interim measures - Admissibility criteria - Application - Formal requirements - Pleas establishing a prima facie case for the measures applied for - Pleas in law not set out in the application - General reference to other documents - Inadmissibility

   (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 156(4) and (5))

   (see paras 26, 28)

5. ...