Orders (Information) nº T-251/18 of Tribunal General de la Unión Europea, August 20, 2018

• Resolution Date: August 20, 2018
• Issuing Organization: Tribunal General de la Unión Europea
• Decision Number: T-251/18

Order of the President of the General Court of 20 August 2018 - IFSUA v Council

(Case T-251/18 R)

(Interim measures - Fishing opportunities for certain fish stocks - Measures on European seabass fisheries - Ban on catches in recreational fisheries - Application for suspension of operation of a measure - No urgency)

1. Application for interim measures - Suspension of operation of a measure - Interim measures - Conditions for granting - Prima facie case - Urgency - Cumulative nature - Balancing of all the interests involved - Discretion of the court hearing the application for interim relief

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

   (see paras 11, 13, 14)

2. Application for interim measures - Suspension of operation of a measure - Conditions for granting - Urgency - Serious and irreparable damage - Damage capable of affecting a general economic sector - Action brought not by a public law body but by individuals - Obligation to mitigate individual damage

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

   (see paras 24, 28, 31)

3. 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 - EU measure constituting the determinant cause of the loss

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

   (see para. 25)

4. 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...