Order of the President of the General Court of 17 December 2015 —
Lysoform Dr. Hans Rosemann and Others v ECHA
(Case T‑543/15 R)
Application for interim measures — REACH — Making available on the market and use of biocidal products — Inclusion of a company as a supplier of an active substance on the list referred to in Article 95 of Regulation (EU) No 528/2012 — Application for suspension of operation — 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. 156(3)) (see paras 19-21)
2. Application for interim measures — Suspension of operation of a measure — Interim measures — Conditions for granting — Urgency — Serious and irreparable damage — Burden of proof — Purely hypothetical damage based on the happening of future and uncertain events — Insufficient to justify urgency (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 156(3)) (see para. 29)
3. Application for interim measures — Suspension of operation of a measure — Interim measures — Conditions for granting — Serious and irreparable damage — Burden of proof borne by the party seeking the interim measure — Risk of fundamental rights being undermined — Not sufficient to constitute serious damage — Assessment according to the circumstances of the case (Arts 278 TFEU and 279 TFEU; Charter of Fundamental Rights of the European Union, Art. 4; Rules of Procedure of the General Court, Art. 156(3)) (see para. 31)
4. 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 liable to endanger the existence of the applicant company (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 156(3)) (see paras 35-37, 40)
Re:
| APPLICATION for suspension of operation of the decision of ECHA of 17 June 2015 to include company O. as a supplier of an active substance on the list referred to in Article 95(1) of Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products (OJ 2012 L 167, p. 1). |
Operative part
1. | | The application for interim measures is dismissed. |