Orders (Information) nº T-317/19 of Tribunal General de la Unión Europea, November 07, 2019

• Resolution Date: November 07, 2019
• Issuing Organization: Tribunal General de la Unión Europea
• Decision Number: T-317/19

Order of the President of the of the General Court of 7 November 2019 - AMVAC Netherlands v Commission

(Case T-317/19 R)

(Application for interim measures - Plant protection products - Regulation (EC) No 1107/2009 - Active substance ethoprophos - Conditions for approval for placing the substance 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 - 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 14-17)

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

   (see para. 20)

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

   (see paras 21-23, 37)

4. Interim relief - 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 - Examination of the circumstances of each case

   (Arts 278 and 279 TFEU)

   (see paras 27-30, 33, 36)

5. Interim relief - Suspension of operation of a measure - Conditions for granting - Urgency - Serious and irreparable damage - Financial loss - Irreparable alteration in market shares - Included - Conditions - Burden of proof - No substitute product in the portfolio of substances - Irrelevant

   (Arts 278 and 279 TFEU)

   (see paras 43, 44, 46, 47, 52)

6. Interim relief - Suspension of operation of a measure - Interim measures - Conditions for granting - Urgency - Serious and irreparable...