Order of the President of the General Court of 26 September 2013 —
Tilly-Sabco v Commission
(Case T‑397/13 R)
Interim measures — Agriculture — Export refunds — Poultrymeat — Regulation fixing the refunds at zero — Application for stay of execution — Lack of urgency — Weighing up of interests
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 — 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 16-18)
2. 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 — Situation which could jeopardise the existence of the applicant company — Assessment having regard to the situation of the group to which the undertaking belongs (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 24, 26, 40, 41)
3. EU law — Principles — Vested rights — Limits — Modification of rules governing a common organisation of the market — Modification foreseeable by a prudent and well-advised economic operator — Not applicable (Art. 39 TFEU; Council Regulation No 1234/2007, Arts 162(1), and 164(2)) (see paras 28-32, 37)
4. Application for interim measures — Suspension of operation of a measure — Interim measures — Conditions for granting — Urgency — Lack of diligence by the applicant taken into account (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 31‑34)
5. Application for interim measures — Suspension of operation of a measure — Interim measures — Conditions for granting — Urgency — Serious and irreparable damage for the applicant — Interest of the applicant affected — Interests of employees of the applicant company affected — Not included (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see para. 44)
6. Application for interim measures — Suspension of operation of a measure — Conditions for granting — Balancing of all the interests involved — Regulation fixing export refunds in the poultrymeat sector — Competence of the EU judicature to annul the measure, at the earliest, after the expiry of the period for lodging an appeal — Interest of the applicant not capable of protection by the court hearing the application for interim measures (Arts 278 TFEU and 279 TFEU; Statute of the Court of Justice, Art. 60, second para.; Rules of Procedure of the General Court, Art. 107(3); Commission Regulations No 360/2013 and No 689/2013, Art. 2) (see paras 47-50)
Re:
| APPLICATION for stay of execution of Commission Implementing Regulation (EU) No 689/2013 of 18 July 2013 fixing the export refunds on poultrymeat (OJ 2013 L 196, p. 13). |
Operative part
1. | | The application for interim measures is dismissed. |