Orders (Information) nº T-429/18 of Tribunal General de la Unión Europea, February 13, 2019

• Resolution Date: February 13, 2019
• Issuing Organization: Tribunal General de la Unión Europea
• Decision Number: T-429/18

Order of the President of the General Court of 13 February 2019 - BRF and SHB Comercio e Industria de Alimentos v Commission

(Case T-429/18 R)

(Application for interim measures - Public health - Implementing Regulation (EU) 2018/700 - Amendment of the lists of third-country establishments from which imports of specified products of animal origin are permitted, regarding certain establishments in Brazil - No urgency - Weighing-up of competing interests)

1. Application for interim relief - 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 indications, supported by detailed documentary evidence - Situation which could jeopardise an applicant company’s very existence or irremediably alter its position in the market - Assessment in the light of the party’s size, turnover and characteristics of the group to which it belongs - No precise and convincing arguments and evidence

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

   (see paras 34-45)

2. Application for interim relief - Request for the grant of any other or additional measure considered necessary or appropriate - Application not within the jurisdiction of the court hearing the application for interim measures

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

   (see para. 65)

   Re:

   Application under Articles 278 and 279 TFEU seeking, principally, suspension of the application of Commission Implementing Regulation (EU) 2018/700 of 8 May 2018 amending the lists of third-country establishments from which imports of specified products of animal origin are permitted, regarding...