Order of the President of the General Court of 2 May 2019

1. Application for interim measuresSuspension of operation of a measureInterim measuresConditions for grantingPrima facie caseUrgencySerious and irreparable damageCumulative natureBalancing of all the interests involvedOrder of examination and method of verificationDiscretion of the court hearing the application for interim relief

(Arts 256(1), 278 and 279 TFEU; Rules of Procedure of the General Court, Art. 156(4))

(see paras 19, 21, 22)

2. Application for interim measuresAdmissibility criteriaApplicationFormal requirementsPleas establishing a prima facie case for the measures applied forPleas in law not set out in the applicationGeneral reference to other documentsInadmissibility

(Arts 278 and 279 TFEU; Rules of Procedure of the General Court, Art. 156(4))

(see paras 20, 29, 30, 32)

3. Application for interim measuresSuspension of operation of a measureInterim measuresConditions for grantingUrgencySerious and irreparable damageBurden of proofFinancial lossSituation which could jeopardise the existence of the applicant company or irremediably alter its position in the marketAssessment having regard to the situation of the group to which the applicant company belongs

(Arts 278 and 279 TFEU; Rules of Procedure of the General Court, Art. 156(4))

(see paras 25, 26, 28, 36-38)

4. Application for interim measuresSuspension of operation of a measureInterim measuresConditions for grantingUrgencySerious and irreparable damageBurden of proofFinancial lossLoss capable of being subsequently remedied by means of an action for compensationDamage which cannot be regarded as irreparable

(Arts 278 and 279 TFEU; Rules of Procedure of the General Court, Art. 156(4))

(see para. 27)

5. 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 evidence

(Arts 278 and 279 TFEU; Rules of Procedure of the General Court, Art. 156(4))

(see paras 31, 33-35)

Re:

Application based on Articles 278 and 279 TFEU seeking suspension of the operation of Commission Decision BUDG/DGA 1/C4/CB/3241812545 of 14 January 2019 regarding the recovery from the applicant of the sum of EUR 82 750.96 plus default interest.

Operative part

1. The application for interim measures is dismissed.

2. The costs are reserved.