Orders (Information) nº T-176/19 of Tribunal General de la Unión Europea, July 15, 2019

• Resolution Date: July 15, 2019
• Issuing Organization: Tribunal General de la Unión Europea
• Decision Number: T-176/19

Order of the President of the General Court of 15 July 2019 - 3V Sigma v ECHA

(Case T-176/19 R)

(Application for interim measures - REACH - UVASORB HEB - Evaluation procedure - Decision of the Board of Appeal of ECHA - Application for interim measures - 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)

   (see paras 12, 14, 15)

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)

   (see paras 18, 19, 29, 31, 35, 38)

3. Application for interim measures - 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 - Need to provide a true overall picture of the financial situation

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

   (see para. 20)

4. Application for interim measures - Suspension of operation of a measure - Conditions for granting - Urgency - Damage to the applicant’s reputation - Non-material damage not capable of being better remedied at the interim stage than in the main proceedings - No such damage

   (Arts 278 and 279 TFEU; Rules of Procedure...