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 set out in the application and pleadings — General reference to other documents — Inadmissibility
(Arts 278 and 279 TFEU; Rules of Procedure of the General Court, Art.156(4) and (5))
(see para. 22)
Re:
| Application pursuant to Articles 278 TFEU and 279 TFEU for the grant of interim measures to suspend the operation of the Commission Implementing Decision of 6 June 2019 concerning, in the framework of Article 31 of Directive 2001/83/EC, the marketing authorisations of medicinal products for human use containing ‘Omega-3 acid ethyl esters’ for oral use in secondary prevention after myocardial infarction (C(2019) 4336 final). |
Operative part
1. | | The application for interim measures is dismissed. |
2. | | The costs are reserved. |