Order of the President of the General Court of 18 November 2011 – EMA v Commission
(Case T-116/11 R)
Application for interim measures – Research and technological development programme – Decision ending participation in a project – Debit note – Application for suspension of operation of a measure – No urgency
1. Applications 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 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 6-8)
2. Applications for interim measures – Suspension of operation of a measure – 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 – Application to relations between a non-profit-making association and its members – Lawfulness – Conditions (Art. 278 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 11-20)
Re:
| APPLICATION for suspension of operation of the Commission decision of 5 November 2010 terminating the contracts concluded for two research projects and the debit note of 13 December 2010 informing the applicant of the establishment of debts in the execution of those contracts. |
Operative part
1. | | The application for interim measures is dismissed. |