Order of the President of the General Court of 11 November 2013 —
CSF v Commission
(Case T‑337/13 R)
Interim measures — Public health, safety, consumers and workers protection in order to address the risks resulting from the use of machinery — Measure taken by the Danish authorities prohibiting a type of multi-purpose earthmoving machinery without an appropriate protective structure — Commission decision declaring the measure to be justified — Application for stay of execution — Lack of 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 — 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 21‑23)
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 — Obligation to provide concrete and precise indications, supported by detailed documentary evidence — Situation which could jeopardise the existence of the applicant company or irremediably alter its position in the market (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 31, 41‑43, 45, 53)
3. Application for interim measures — Suspension of operation of a measure — Interim measures — Conditions for granting — Urgency — Serious and irreparable damage — Account to be taken of lack of diligence by the applicant (Arts 256(1) TFEU, 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2); European Parliament and Council Directive 2006/42, Art. 11) (see paras 32, 37, 39)
Re:
| APPLICATION for a stay of execution of Commission Decision 2013/173/EU of 8 April 2013 on a measure taken by Denmark under Article 11 of Directive 2006/42/EC of the European Parliament and of the Council prohibiting a type of multi-purpose earthmoving machinery (OJ 2013 L 101, p. 29). |
Operative part
1. | | The application for interim measures is dismissed. |