Orders (Information) nº T-740/18 of Tribunal General de la Unión Europea, September 26, 2019

• Resolution Date: September 26, 2019
• Issuing Organization: Tribunal General de la Unión Europea
• Decision Number: T-740/18

Order of the President of the General Court of 26 September 2019 - Taminco v Commission

(Case T-740/18 R)

(Application for interim measures - Plant protection products - Regulation (EC) No 1107/2009 - Active substance thiram - Conditions of approval for placing on the market - Application for suspension of operation - Lack of urgency)

1. Interim relief - Suspension of operation of a measure - Interim measures - Conditions for granting - Prima facie case - Urgency - Serious and irreparable damage - Cumulative nature - Weighing-up of all the competing interests - 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 16-19, 107)

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

   (see para. 22)

3. Interim relief - Suspension of operation of a measure - Interim measures - Conditions for granting - Urgency - Serious and irreparable damage - Burden of proof - Obligation to provide concrete and precise indications, supported by detailed documentary evidence

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

   (see paras 23, 28)

4. Interim relief - 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 25-27, 29)

5. Interim relief - Admissibility criteria - Application - Formal requirements - Pleas establishing a prima facie case for the measures applied for - Possibility of supplementing the information and evidence submitted in the application - Discretion of the Courts of the European Union

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

   (see paras 30, 31)

6. Interim relief - Suspension of operation of a measure - Interim measures - Conditions for granting - Serious and irreparable damage - Financial damage - Seriousness of the damage - Situation liable to endanger the existence of the...