Order of the President of the General Court of 13 February 2019 –
BRF and SHB Comercio e Industria de Alimentos v Commission

(Case T‑429/18 R)

(Application for interim measures — Public health — Implementing Regulation (EU) 2018/700 — Amendment of the lists of third-country establishments from which imports of specified products of animal origin are permitted, regarding certain establishments in Brazil — No urgency — Weighing-up of competing interests)

1.      Application for interim relief — 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 — Situation which could jeopardise an applicant company’s very existence or irremediably alter its position in the market — Assessment in the light of the party’s size, turnover and characteristics of the group to which it belongs — No precise and convincing arguments and evidence

(Rules of Procedure of the General Court, Art. 156(4) and (5))

(see paras 34-45)

2.      Application for interim relief — Request for the grant of any other or additional measure considered necessary or appropriate — Application not within the jurisdiction of the court hearing the application for interim measures

(Arts 278, 279 and 256(1) TFEU; Rules of Procedure of the General Court, Art. 156(4))

(see para. 65)

Re:

Application under Articles 278 and 279 TFEU seeking, principally, suspension of the application of Commission Implementing Regulation (EU) 2018/700 of 8 May 2018 amending the lists of third-country establishments from which imports of specified products of animal origin are permitted, regarding certain establishments from Brazil (OJ 2018 L 118, p. 1), either until a definitive ruling has been given on the action brought by the applicants under Article 263 TFEU, or until such date as determined by the President of the General Court, and, in the alternative, suspension of the application of that regulation in so far as it concerns the applicants’ establishments included in (i) the list of establishments authorised to import meat from poultry and lagomorphs from Brazil (Section II), (ii) the list of establishments authorised to import minced meat, meat preparations and mechanically separated meat from Brazil (Section V) which have generated no more than two notifications via the rapid alert system for food and feed between 1 March 2017 and 19 April 2018 or (iii) the list of establishments authorised to import meat products from Brazil (Section VI), or an order for any other or additional measure which the President of the Court may consider necessary or appropriate.

Operative part

1. The application for interim measures is dismissed.

2. The costs are reserved.