Order of the Vice-President of the Court of 13 December 2021

1. Interim reliefSuspension of operation of a measureInterim measuresConditions for grantingUrgencySerious and irreparable harmHarm that can be pleaded by a Member State

(Arts 278 and 279 TFEU)

(see paras 22, 23)

2. AppealsGroundsInadequate statement of reasonsApplication in the case of interim orders

(see para. 76)

3. Interim reliefSuspension of operation of a measureInterim measuresConditions for grantingUrgencySerious and irreparable harmBurden of proofDamage foreseeable with a reasonable degree of probability

(Arts 278 and 279 TFEU)

(see paras 78-81)

4. Interim reliefProcedureMeasures of organisation of procedureRequest to hear witnessesDiscretion of the court hearing the application for interim relief

(Arts 278 and 279 TFEU; Rules of Procedure of the General Court, Art. 157)

(see paras 82-84)

5. AppealsGroundsIncorrect 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 distortedGround of appeal alleging distortion of the clear sense of the evidenceNeed to indicate precisely the evidence alleged to have been distorted and show the errors of appraisal which led to that distortionRequirement that the distortion be obvious from the documents in the file

(Art. 256 (1), 2d para., TFEU; Statute of the Court of Justice, Art. 58 (1))

(see paras 85-89, 92-94, 101)

6. AppealsGroundsPlea alleging failure to sign an order by the President of the General Court and by the RegistrarSpecific measures of organisation implemented within the General Court to ensure the continuity of its operation in the context of the COVID-19 pandemic

(Rules of Procedure of the General Court, Art. 120)

(see paras 115-118)

Operative part

1. The appeal is dismissed.

2. The Portuguese Republic shall pay the cost.