Order of the President of the General Court of 31 December 2020
Order of the President of the General Court of 31 December 2020
Data
- Court
- General Court
- Case date
- 31 december 2020
Verdict
Order of the President of the General Court of 31 December 2020 –
ExxonMobil Production Deutschland v Commission
(Case T‑731/20 R)
"(Interim measures - Directive 2003/87/EC - Decision 2011/278/EU - System for greenhouse gas emissions allowance trading - Application for interim measures - No urgency)"
Interim reliefSuspension of operation of a measureInterim measuresConditions for grantingPrima facie caseUrgencySerious and irreparable harmCumulative natureBalancing of all the interests involved
(Arts 278 and 279 TFEU; Rules of Procedure of the General Court, Art. 156(4))
(see paras 13, 21)
Interim reliefSuspension of operation of a measureInterim measuresConditions for grantingUrgencySerious and irreparable harmBurden of proofPurely hypothetical damage based on the occurrence of future and uncertain eventsInsufficient to demonstrate urgency
(Arts 278 and 279 TFEU; Rules of Procedure of the General Court, Art. 156(4))
(see paras 16, 17)
Interim reliefSuspension of operation of a measureInterim measuresConditions for grantingUrgencySerious and irreparable harmBurden of proofFinancial lossObligation to provide concrete and precise indications, supported by detailed documentary evidenceSituation liable to endanger the existence of the applicant company
(Arts 278 and 279 TFEU; Rules of Procedure of the General Court, Art. 156(4))
(see paras 18-20)
Re:
Application under Article 279 TFEU and Article 156 of the Rules of Procedure of the General Court, seeking that the Commission be ordered to transfer 7 428 258 emission allowances to the account of the installation of the applicant by 31 December 2020 at the latest.
Operative part
The application for interim measures is dismissed.
The costs are reserved.