Orders (Information) nº T-145/19 of Tribunal General de la Unión Europea, May 02, 2019

• Resolution Date: May 02, 2019
• Issuing Organization: Tribunal General de la Unión Europea
• Decision Number: T-145/19

Order of the President of the General Court of 2 May 2019 - Jap Energeticas y Medioambientales v Commission

(Case T-145/19 R)

(Application for interim measures - Environment - Financial Instrument for the Environment (LIFE) - Project LIFE 11 ENV/ES/000593-H2AL RECYCLING - Recovery of sums paid - 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 - Serious and irreparable damage - Cumulative nature - Balancing of all the interests involved - Order of examination and method of verification - Discretion of the court hearing the application for interim relief

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

   (see paras 19, 21, 22)

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

   (see paras 20, 29, 30, 32)

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

   (see paras 25, 26, 28, 36-38)

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 - Loss...