Order of the President of the General Court of 15 July 2019
Order of the President of the General Court of 15 July 2019
Data
- Court
- General Court
- Case date
- 15 juli 2019
Verdict
Order of the President of the General Court of 15 July 2019 –
3V Sigma v ECHA
(Case T‑176/19 R)
"(Application for interim measures - REACH - UVASORB HEB - Evaluation procedure - Decision of the Board of Appeal of ECHA - Application for interim measures - No urgency)"
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)
(see paras 12, 14, 15)
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 demonstrate urgency
(Arts 278 and 279 TFEU)
(see paras 18, 19, 29, 31, 35, 38)
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 evidenceNeed to provide a true overall picture of the financial situation
(Arts 278 and 279 TFEU; Rules of Procedure of the General Court, Art. 156(4))
(see para. 20)
Application for interim measuresSuspension of operation of a measureConditions for grantingUrgencyDamage to the applicant’s reputationNon-material damage not capable of being better remedied at the interim stage than in the main proceedingsNo such damage
(Arts 278 and 279 TFEU; Rules of Procedure of the General Court, Art. 156)
(see para. 33)
Application for interim measuresAdmissibility criteriaApplicationFormal requirementsDetailed statement of the subject-matter of the application
(Arts 278 and 279 TFEU; Rules of Procedure of the General Court, Art. 156(4))
(see para. 37)
Re:
Application under Articles 278 TFEU and 279 TFEU seeking suspension of the application of Decision A-004-2017 of the Board of Appeal of ECHA of 15 January 2019 regarding the substance evaluation of the chemical substance UVASORB HEB and, consequently, the extension, for the duration of the suspension, of the prescribed period for submission of the results of the tests, or an order for any other or additional measure which the President of the Court may consider necessary or appropriate.
Operative part
The application for interim measures is dismissed.
The costs shall be reserved.