Order of the President of the General Court of 30 April 2010 – Xeda International and Pace International v Commission
(Case T-71/10 R)
Application for interim measures – Directive 91/414/EEC – Decision concerning the non-inclusion of diphenylamine in Annex I to Directive 91/414 – Application for suspension of operation of a measure – Lack of 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 judge dealing with the application for interim relief (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 20-21)
2. Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency – Serious and irreparable damage – Financial loss – Irreparable alteration in market share – Included – Conditions – Assessment having regard to the size of the undertaking and the situation of the group to which it belongs (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 39, 41-48)
3. Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Urgency – Serious and irreparable damage – Financial loss – Decision not to include a substance in Annex I of Directive 91/414 – Risk normally having to be borne by an undertaking operating in the phytopharmaceuticals market – Damage not serious in nature (Art. 278 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 55-59)
Re:
| APPLICATION for suspension of operation of Commission Decision 2009/859/EC of 30 November 2009 concerning the non-inclusion of diphenylamine in Annex I to Council Directive 91/414/EEC and the withdrawal of authorisations for plant protection products containing that substance (OJ 2009 L 314, p. 79) pending judgment in the main proceedings. |
Operative part
1. | | The application for interim measures is dismissed. |