Order of the President of the General Court of 7 November 2019

Interim reliefSuspension 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 14-17)

Interim reliefSuspension of operation of a measureInterim measuresConditions for grantingUrgencySerious and irreparable damageBurden of proof borne by the party seeking the interim measure

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

(see para. 20)

Interim reliefSuspension of operation of a measureInterim measuresConditions for grantingUrgencySerious and irreparable damageBurden of proofObligation 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 21-23, 37)

Interim reliefSuspension of operation of a measureInterim measuresConditions for grantingSerious and irreparable damageFinancial lossSerious nature of the harmSituation liable to endanger the existence of the applicant companyAssessment in the light of the size and turnover of the undertaking and the situation of the group to which it belongsExamination of the circumstances of each case

(Arts 278 and 279 TFEU)

(see paras 27-30, 33, 36)

Interim reliefSuspension of operation of a measureConditions for grantingUrgencySerious and irreparable damageFinancial lossIrreparable alteration in market sharesIncludedConditionsBurden of proofNo substitute product in the portfolio of substancesIrrelevant

(Arts 278 and 279 TFEU)

(see paras 43, 44, 46, 47, 52)

Interim reliefSuspension of operation of a measureInterim measuresConditions for grantingUrgencySerious and irreparable damageFinancial lossKnock-on effect on sales in non-EU countriesConditionsBurden of proof

(Arts 278 and 279 TFEU)

(see paras 57-60)

Interim reliefSuspension of operation of a measureInterim measuresConditions for grantingSerious and irreparable damageWithdrawal of a plant protection product from the market or imposition of a restriction in its scope of useDamage to reputationDamage which cannot be regarded as serious

(Arts 278 and 279 TFEU)

(see paras 62, 63, 67)

Interim reliefSuspension of operation of a measureInterim measuresConditions for grantingSerious and irreparable damageFinancial lossDamage which cannot be quantifiedDamage not reparable by means of an action for damagesBurden of proof

(Arts 268, 278, 279 and 340 TFEU)

(see para. 70)

Re:

Application pursuant to Articles 278 and 279 TFEU seeking suspension of the operation of Commission Implementing Regulation (EU) 2019/344 of 28 February 2019 concerning the non-renewal of approval of the active substance ethoprophos, in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending the Annex to Commission Implementing Regulation (EU) No 540/2011 (OJ 2019 L 62, p. 7).

Operative part

The application for interim measures is dismissed.

The costs are reserved.