Order of the President of the General Court of 10 July 2018
Order of the President of the General Court of 10 July 2018
Data
- Court
- General Court
- Case date
- 10 juli 2018
Verdict
Order of the President of the of the General Court of 10 July 2018 –
Fundación Tecnalia Research & Innovation v REA
(Case T‑104/18 R)
"(Application for interim measures - Grant agreement concluded under the Seventh Framework Programme for research, technological development and demonstration activities (2007-2013) - Recovery of the sums paid - 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 natureOrder of examination and method of verificationDiscretion of the court hearing the application for interim reliefBalancing of all the interests involved
(Arts 256(1) TFEU, 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 156(4))
(see paras 13-16)
2. Application for interim measuresSuspension of operation of a measureInterim measuresConditions for grantingSerious and irreparable damageFinancial lossSituation liable to endanger the existence of the applicant companyBurden of proofObligation to provide concrete and precise indications, supported by detailed documentary evidence
(Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 156(4))
(see paras 19, 22, 25, 28)
3. Application for interim measuresFormal requirementsSubmission of applicationsBrief summary of the pleas in law on which the application is basedPleas in law not set out in the application and pleadingsGeneral reference to other documentsInadmissibility
(Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 156(4) and (5))
(see paras 24, 26)
Re:
Application under Articles 278 and 279 TFEU seeking the suspension of operation of the REA’s decision to seek full repayment of the grant awarded for the Food-Watch project.
Operative part
1. The application for interim measures is dismissed.
2. The costs are reserved.