Order of the President of the General Court of 15 November 2011 – Xeda International v Commission
(Case T-269/11 R)
Application for interim measures – Plant protection products – Active substance ethoxyquin – Non-inclusion of ethoxyquin in Annex I to Directive 91/414/EEC – Withdrawal of authorisations for plant protection products containing ethoxyquin – Application to suspend the operation of a measure – Lack of urgency
1. Applications 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 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 11-12)
2. Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency – Serious and irreparable damage – Burden of proof – Financial loss – Assessment having regard to the size of the undertaking and the situation of the group to which it belongs (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 15-16, 19-20, 22, 38, 51)
3. Applications for interim measures – Conditions for admissibility – Application – Formal requirements – Statement of the pleas in law establishing a prima facie case for granting the measures sought (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see para. 17)
4. Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency – Serious and irreparable damage – Financial loss – Decision not to include a substance in Annex I to Directive 91/414 – Risk normally having to be borne by an undertaking operating in the phytopharmaceuticals market – Damage not serious in nature (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 33-34)
Re:
| APPLICATION for suspension of operation of Commission Decision 2011/143/EU of 3 March 2011 concerning the non-inclusion of ethoxyquin in Annex I to Council Directive 91/414/EEC and amending Commission Decision 2008/941/EC (OJ 2011 L 59, p. 71) and, if necessary, other interim measures. |
Operative part
1. | | The application for interim measures is dismissed. |