Orders (Information) nº T-734/18 of Tribunal General de la Unión Europea, May 08, 2019

• Resolution Date: May 08, 2019
• Issuing Organization: Tribunal General de la Unión Europea
• Decision Number: T-734/18

Order of the President of the of the General Court of 8 May 2019 - Sumitomo Chemical and Tenka Best v Commission

(Case T-734/18 R)

(Interim measures - Biocidal products - Active substance empenthrin - Non-approval - 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 15-18)

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

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

   (see paras 21-23, 54)

3. Application for interim measures - Suspension of operation of a measure - Interim measures - Conditions for granting - Serious and irreparable damage - Financial loss - Serious nature of (the) harm - Situation liable to endanger the existence of the applicant company - Assessment in the light of the size and turnover of the undertaking and the situation of the group to which it belongs - Activity in highly regulated markets - Examination of the circumstances of each case

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

   (see paras 24, 25, 33, 43, 46)

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

   (see paras 27, 29)

5. Application for interim measures - Suspension of operation of a measure - Interim...