Abstract;Judgment — ECLI:EU:T:2024:802
Date: 2024-11-13
Language of the case: English
Court formation: Sixth Chamber, Extended Composition
Subject matter: Consumer protection
Procedure: Action for annulment - successful
Origin: Netherlands

Order of the President of the General Court of 22 July 2021 – Aloe Vera of Europe v Commission (Case T‑189/21 R) (Interim measures – Regulation (EC) No 1925/2006 – Substances prohibited, restricted or under Community scrutiny – Regulation (EU) 2021/468 – Prohibition of preparations from the leaf of Aloe species containing hydroxyanthracene derivatives – Application for suspension of operation of a measure – No urgency) 1. Interim relief – Suspension of operation of a measure – Interim measures – Conditions for granting – Prima facie case – Urgency – Serious and irreparable damage – Cumulative nature – Order of examination and method of verification – Discretion 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) (see paras 20-23) 2. Interim relief – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency – Serious and irreparable damage – Burden of proof – Financial loss – Assessment having regard to the size of the undertaking and the situation of the group to which it belongs – Risk having to be normally borne by an undertaking operating in a highly regulated market – Lack of diligence by the applicant taken into account (Arts 278 and 279 TFEU; Rules of Procedure of the General Court, Art. 156(4)) (see paras 26, 31-33, 40, 52) Re: Application under Articles 278 and 279 TFEU for suspension of operation of Commission Regulation (EU) 2021/468 of 18 March 2021 amending Annex III to Regulation (EC) No 1925/2006 of the European Parliament and of the Council as regards botanical species containing hydroxyanthracene derivatives (OJ 2021 L 96, p. 6), for a period of nine months from the date of the present order. Operative part 1. The application for interim measures is dismissed. 2. The costs are reserved.