Order of the President of the General Court of 23 May 2014 —
SolarWorld and Others v Council
(Case T‑142/14 R)
Application for interim measures — Subsidies — Imports of crystalline silicon photovoltaic modules and key components (cells) originating or consigned from China — Definitive countervailing duty — Application for suspension of operation of a measure — 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 — 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 13-15)
2. Application for interim measures — Suspension of operation of a measure — Interim measures — Conditions for granting — Serious and irreparable damage — Risk that fundamental rights might be affected — Risk not in itself constituting serious damage (Arts 256(1) TFEU, 278 TFEU and 279 TFEU; Charter of Fundamental Rights of the European Union, Arts 4, 16 and 47; Rules of Procedure of the General Court, Art. 104(2)) (see paras 17, 18, 20-23, 25)
3. Application for interim measures — Suspension of operation of a measure — Interim measures — Conditions for granting — Urgency — Criteria for assessment — Account taken of the subjective interest of the applicant — Exclusion (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see para. 28)
4. Application for interim measures — Suspension of operation of a measure — Interim measures — Conditions for granting — Serious and irreparable damage — Financial loss — Situation which could jeopardise the existence of the applicant company — Burden of proof (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 30-32)
Re:
| APPLICATION for suspension of operation of Article 2 of Council Implementing Regulation (EU) No 1239/2013 of 2 December 2013 imposing a definitive countervailing duty on imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from the People’s Republic of China (OJ 2013 L 325, p. 66). |
Operative part
1. | | The application for interim measures is dismissed. |