Order of the President of the General Court of 17 September 2021

Data

Court: General Court

Case date: 17 september 2021

Verdict

Order of the President of the General Court of 17 September 2021 – Firearms United Network and Others v Commission

(Case T‑187/21 R)

"(Application for interim relief - REACH - Amendment of Annex XVII to Regulation (EC) No 1907/2006 - Restriction on lead and lead compounds - Use of lead shot - Protection of wetlands - Application for suspension of operation of a measure - No urgency)"

Interim reliefSuspension of operation of a measureInterim measuresConditions for grantingPrima facie caseUrgencySerious and irreparable damageCumulative natureOrder of examination and method of verificationDiscretion of the court hearing the application for interim reliefBalancing of all the interests involved

(Arts 256(1), 278 and 279 TFEU; Rules of Procedure of the General Court, Art. 156)

(see paras 8, 10, 11)

Interim reliefSuspension of operation of a measureInterim measuresConditions for grantingUrgencySerious and irreparable damageBurden of proof

(Arts 256(1), 278 and 279 TFEU)

(see para. 14)

Interim reliefSuspension of operation of a measureInterim measuresConditions for grantingUrgencySerious and irreparable damageBurden of proofNeed to plead the risk of suffering that damage personally

(Arts 278 and 279 TFEU)

(see paras 20, 22)

Re:

Application under Articles 278 and 279 TFEU for suspension of operation of Commission Regulation (EU) 2021/57 of 25 January 2021 amending Annex XVII to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), as regards lead in gunshot in or around wetlands (OJ 2021 L 24, p. 19).

Operative part

The application for interim relief is dismissed.

The costs are reserved.