Order of the President of the General Court of 24 November 2022

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 paragraphs 15-18)

Interim reliefSuspension of operation of a measureInterim measuresConditions for grantingUrgencySerious and irreparable damageBurden of proofFinancial lossObligation to provide specific and precise information, supported by detailed documentary evidenceSituation liable to endanger the existence of the applicant companyAssessment in the light of its size and turnover and the situation of the group to which it belongs

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

(see paragraphs 21, 24, 31, 32, 38)

Interim reliefSuspension of operation of a measureInterim measuresConditions for grantingUrgencySerious and irreparable damageBurden of proofFinancial lossIrremediable effect on market shareIncludedConditionsAssessment having regard to the size of the undertaking and the situation of the group to which it belongs

(Arts 278 and 279 TFEU)

(see paragraphs 39, 45)

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 damagesIrreparable character

(Arts 268, 278, 279 and 340 TFEU)

(see paragraphs 49, 50)

Operative part

The application for interim measures is dismissed.

The costs are reserved.