Order of the President of the General Court of 15 September 2011 – Eurofer v Commission
(Case T-381/11 R)
Interim relief – Environment – Allocation of greenhouse gas emission allowances free of charge in accordance with Directive 2003/87/EC – Setting of the product benchmarks the subject of the Commission’s decision – Application for interim measures – Admissibility – Urgency
1. Application for interim measures – Suspension of operation of a measure – Conditions of admissibility – Interest of the applicant in obtaining the suspension sought – Suspension placing the applicant in a less favourable position – Application seeking measures outside the scope of the main proceedings – Inadmissibility (Art. 278 TFEU; Rules of Procedure of the General Court, Art. 104(1) and (2)) (see paras 14, 16-17)
2. Application for interim measures – Suspension of operation of a measure – Conditions for granting – Serious and irreparable damage – Financial loss – Loss capable of being subsequently remedied through an action for compensation – Damage which cannot be regarded as irreparable (Art. 278 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 23-28)
Re:
| APPLICATION to suspend the operation of Commission Decision 2011/278/EU of 27 April 2011 determining transitional Union-wide rules for harmonised free allocation of emission allowances pursuant to Article 10a of Directive 2003/87/EC of the European Parliament and of the Council (OJ 2011 L 130, p. 1). |
Operative part
1. | | 1. The application for interim measures is dismissed. |