Orders (Information) nº T-472/19 of Tribunal General de la Unión Europea, August 19, 2019

• Resolution Date: August 19, 2019
• Issuing Organization: Tribunal General de la Unión Europea
• Decision Number: T-472/19

Order of the President of the General Court of 19 August 2019 - BASF v Commission

(Case T-472/19 R)

(Interim measures - Medicinal product - Marketing authorisation -Omega-3 acid ethyl esters - No urgency)

1. Application for interim relief - 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 11-14)

2. Application for interim relief - 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)

   (see paras 17, 18)

3. 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 liable to endanger the existence of the applicant company

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

   (see paras 19-21)

4. Application for interim relief - Formal requirements - Submission of applications - Brief summary of the pleas in law on which the application is based - Pleas in law not...