Order of the President of the General Court of 20 January 2014 —
Romonta v Commission
(Case T‑614/13 R)
Interim measures — Environment — Directive 2003/87/EC — System of exchange of greenhouse gas emission allowances — Free allocation of greenhouse gas emission allowances from 2013 — Application for recognition of hardship — No 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. 104(2)) (see paras 14-17)
2. Application 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 — Commission decision refusing transitional free allocation of additional greenhouse gas emission allowances — Decision to rule on the main proceedings in accordance with an accelerated procedure within the meaning of Article 76a of the Rules of Procedure of the General Court — No urgency (Arts 256(1) TFEU and 278 TFEU; Rules of Procedure of the General Court, Arts 76a and 104(2)) (see paras 20-27)
Re:
| APPLICATION for a stay of execution of Article 1(1) of Commission Decision 2013/448/EU of 5 September 2013 concerning national implementation measures for the transitional free allocation of greenhouse gas emission allowances in accordance with Article 11(3) of Directive 2003/87/EC of the European Parliament and of the Council (OJ 2013 L 240, p. 27), in so far as the allocation of emission allowances to the applicant for hardship is refused. |
Operative part
1. | | The application for interim measures is dismissed. |