Order of the President of the General Court of 26 March 2010 – Alisei v Commission

(Case T-16/10 R)

Interim measures – Programme establishing a ‘food facility’ intended for developing countries – Call for proposals for the grant of funding – Refusal of funding – Application for suspension of operation – Lack of interest in bringing proceedings – Disregard of formal requirements – Inadmissibility

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 – Order of examination and method of verification – Discretion of the judge dealing with 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 11-13)

2.                     Application for interim measures – Suspension of operation of a measure – Conditions for granting – Interest of the applicant in obtaining the suspension – Negative administrative decision (Art. 278 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 25-26)

3.                     Application for interim measures – Conditions for admissibility – Application – Formal requirements – Detailed statement of the subject-matter of the application (Rules of Procedure of the General Court, Arts 44(1)(d), and 104(3)) (see para. 27)

4.                     Application for interim measures – Interest in bringing proceedings (Arts 278 TFEU and 279 TFEU) (see paras 28-32)

5.                     Application for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency – Serious and irreparable damage – Burden of proof (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 35-36)

6.                     Application for interim measures – Suspension of operation of a measure – Conditions for granting – Urgency – Serious and irreparable damage – Financial loss – Situation which could jeopardise the existence of the applicant company (Art. 278 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 38-45)

7.                     Application for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency – Serious and irreparable damage – Contested measure infringing a superior rule of law (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see para. 46)

Re:

APPLICATION for interim measures relating to the selection of applications for funding submitted under the ‘Facility for rapid response to soaring food prices in developing countries’ (EuropeAid/128608/C/ACT/Multi).

Operative part

1. The application for interim measures is dismissed.

2. The costs are reserved.