Order of the Vice-President of the Court of 17 December 2020

AppealGroundsPlea submitted for the first time in the context of the appealInadmissibility

(Art. 256(1), second para., TFEU; Statute of the Court of Justice, Art. 58, first para.)

(see para. 36)

AppealGroundsIncorrect assessment of the facts and evidenceInadmissibilityReview by the Court of the assessment of the facts and evidencePossible only where the clear sense of the evidence has been distorted

(Art. 256(1), second para., TFEU; Statute of the Court of Justice, Art. 58, first para.)

(see paras 37, 38)

Application for interim reliefSuspension of operation of a measureInterim measuresConditions for grantingUrgencySerious and irreparable damageBurden of proofDamage foreseeable with a reasonable degree of probability

(Arts 278 and 279 TFEU)

(see paras 45, 49, 50, 56)

Application for interim reliefSuspension of operation of a measureInterim measuresConditions for grantingSerious and irreparable damageIrreparable nature of the damageDamage which cannot be quantifiedWithdrawal of a credit institution’s authorisationPrecluded

(Arts 278 and 279 TFEU)

(see paras 51, 52)

Application for 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 278 and 279 TFEU; Rules of Procedure of the Court of Justice, Art. 160(3))

(see paras 64, 65)

AppealGroundsInadequate or contradictory groundsScope of the obligation to state reasonsReliance by the General Court on implied reasoningWhether permissibleConditions

(Statute of the Court of Justice, Arts 36 and 53, first para.; Rules of Procedure of the General Court, Art. 119)

(see paras 86, 87)

Operative part

The appeal is dismissed.

Anglo Austrian AAB AG and Belegging-Maatschappij ‘Far-East’ BV shall pay the costs.