Order of the President of the General Court of 10 March 2017 —
Fertisac v ECHA
(Case T‑855/16 R)
(Interim proceedings — REACH — Fee due for registration of a substance — Reduction granted to micro, small and medium-sized undertakings — Decision imposing an administrative charge and a supplementary fee — Application for suspension of operation — 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 — 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) TFEU, 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 156(4))
(see paras 6-9, 12)
2. Application for interim measures — Suspension of operation of a measure — Interim measures — Conditions for granting — Urgency — Serious and irreparable damage — Financial loss — Situation capable of jeopardising the financial viability of the applicant company
(Arts 256(1) TFEU, 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 156(4))
(see para. 13)
3. Application for interim measures — 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
(Arts 256(1) TFEU, 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 156(4))
(see paras 14, 15)
Re:
| APPLICATION based on Articles 278 and 279 TFEU and seeking a suspension of operation of Decision SME (2016) 5150, of 15 November 2016, finding that the applicant was not entitled to the fee reductions applicable to medium-sized undertakings, and of the invoices issued on the basis of that decision, namely ECHA invoices No 10060160 and No 10060161, dated 15 November 2016. |
Operative part
1. | | The application for interim measures is dismissed. |