Order of the President of the General Court of 17 December 2015

Data

Court: General Court

Case date: 17 december 2015

Verdict

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 measuresSuspension of operation of a measureInterim measuresConditions for grantingPrima facie caseUrgencySerious and irreparable damageCumulative natureBalancing of all the interests involvedDiscretion 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 measuresSuspension of operation of a measureInterim measuresConditions for grantingUrgencySerious and irreparable damageBurden of proofPurely hypothetical damage based on the happening of future and uncertain eventsInsufficient 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 measuresSuspension of operation of a measureInterim measuresConditions for grantingSerious and irreparable damageBurden of proof borne by the party seeking the interim measureRisk of fundamental rights being underminedNot sufficient to constitute serious damageAssessment 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 measuresSuspension of operation of a measureInterim measuresConditions for grantingUrgencySerious and irreparable damageBurden of proofFinancial lossObligation to provide concrete and precise indications, supported by detailed documentary evidenceSituation 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

The application for interim measures is dismissed.
Costs are reserved.