Order of the President of the General Court of 30 April 2010 – Inuit Tapiriit Kanatami and Others v Parliament and Council

(Case T-18/10 R)

Application for interim measures – Regulation (EC) No 1007/2009 – Trade in seal products – Ban on import and sale – Exception in favour of Inuit communities – Application for suspension of operation of a measure – Admissibility – Prima facie case – No urgency

1.                     Procedure – Production before the General Court of opinions of the legal services of the Community institutions – Conditions (European Parliament and Council Regulation No 1049/2001, Art. 4(2)) (see paras 19-21)

2.                     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 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 24-26)

3.                     Applications for interim measures – Suspension of operation of a measure – Conditions for admissibility – Prima facie admissibility of the main action – Brief examination of the main action by the judge dealing with the application for interim relief (Art. 278 TFEU; Rules of Procedure of the General Court, Art. 104(1)) (see paras 37-41)

4.                     Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Prima facie case – Application for annulment of a regulation on trade in seal products – Plea challenging the validity of its legal basis – Plea not prima facie lacking in foundation (Art. 278 TFEU; European Parliament and Council Regulation No 1007/2009) (see paras 74-95)

5.                     Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency – Serious and irreparable damage – Realisation of the damage depending on future and uncertain events – Financial loss capable of subsequent financial compensation – Lack of urgency (Arts 278 TFEU and 279 TFEU; European Parliament and Council Regulation No 1007/2009) (see paras 105-107)

6.                     Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency – Serious and irreparable damage – Inuit people unable to carry on their economic activities by reason of the prohibition, by Regulation No 1007/2009, on trade in seal products (Arts 278 TFEU and 279 TFEU; European Parliament and Council Regulation 1007/2009) (see paras 108-115)

Re:

APPLICATION for suspension of the operation of Regulation (EC) No 1007/2009 of the European Parliament and of the Council of 16 September 2009 on trade in seal products (OJ 2009 L 286, p. 36).

Operative part

1. The opinion of the Legal Service of the Council of the European Union of 18 February 2009 on the proposal for a Regulation of the European Parliament and of the Council concerning trade in seal products, submitted by the Commission of the European Communities (COM(2008) 469 final of 23 July 2008), set out in Annex A-4 to the application for interim measures, and the extract from that opinion contained in paragraph 16 of that application are removed from the file in Case T-18/10 R.

2. The application for interim measures is dismissed.

3. The costs are reserved.