Order of the President of the General Court of 8 May 2013 — Talanton v Commission
(Case T‑165/13 R)
Interim relief — Arbitration clause — Contracts entered into under the Seventh Framework Programme for research, technological development and demonstration activities (2007-2013) — Eligible costs — Repayment of sums paid — Application for stay of execution — No urgency
1. Applications for interim measures — Suspension of operation of a measure — Interim measures — Conditions for granting — Prima facie case — Urgency — Cumulative nature — Order of examination and method of verification — Discretion of the court hearing the application for interim relief (Arts 256(1) TFEU, 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 8-10)
2. Applications for interim measures — Community law — Application — Formal requirements — Vague and imprecise indication of the subject-matter of the application — Inadmissible (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Arts 44(1)(d), and 104(3)) (see para. 12)
3. Applications for interim measures — Suspension of operation of a measure — Interim measures — Conditions for granting — Urgency — Serious and irreparable damage — Burden of proof — Whether the risk materialises dependent on uncertain, future events — No urgency (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 16, 17)
4. Applications for interim measures — Suspension of operation of a measure — Conditions for granting — Urgency — Serious and irreparable damage — Burden of proof — Financial loss — Situation which could jeopardise the existence of the applicant company — Debit note not constituting a writ of execution — Financial loss not imminent — No urgency (Art. 278 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 19, 22-26)
Re:
| APPLICATION for stay of execution of a number of acts concerning the repayment of sums paid to the applicant under contracts entered into under the Seventh Framework Programme for research, technological development and demonstration activities (2007-2013). |
Operative part
1. | | The application for interim relief is dismissed. |