Order of the President of the General Court of 11 May 2011 – Cahier and Others v Council and Commission
(Case T-195/11 R)
Interim proceedings – Non-contractual liability – Application for interim measures – Inadmissible in part – No urgency
1. Application for interim measures – Suspension of operation of a measure – Conditions for admissibility – Action brought against the measure forming the subject-matter of the application for suspension – Action for suspension of a provision of a regulation – Main action limited to a claim for compensation – Inadmissibility (Art. 278 TFEU; Rules of Procedure of the General Court, Art. 104(1)) (see para. 13)
2. Application for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency – Serious and irreparable damage – Financial loss – Claim for interim relief submitted by several applicants – Burden of proof (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 15-20)
3. Application for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Serious and irreparable damage – Alleged loss arising from measures imposing pecuniary obligations at national level – National rights of action – Effect (Arts 278 TFEU and 279 TFEU) (see paras 21-22)
Re:
| APPLICATION for interim measures and suspension of operation of Article 28 of Council Regulation (EC) No 1493/1999 of 17 May 1999 on the common organisation of the market in wine (OJ 1999 L 179, p. 1), as maintained in force by Article 128(3) of Council Regulation (EC) No 479/2008 of 29 April 2008 on the common organisation of the market in wine, amending Regulations (EC) No 1493/1999, (EC) No 1782/2003, (EC) No 1290/2005, (EC) No 3/2008 and repealing Regulations (EEC) No 2392/86 and (EC) No 1493/1999 (OJ 2008 L 148, p. 1). |
Operative part
1. | | The application for interim measures is dismissed. |