Order;Order (extracts) — ECLI:EU:T:2018:408
Date: 2018-06-22
Language of the case: English
Court formation: President of the Chamber
Subject matter: Agriculture and Fisheries;Plant health legislation
Procedure: Action for annulment;Application for interim measures - unfounded

Summary — Order of the President of the General Court, 22 June 2018 Application for interim measures — Suspension of operation of a measure — Interim measures — Conditions for granting — Urgency — Serious and irreparable damage — Financial loss — Serious nature of the harm — Assessment in the absence of information concerning the size of the undertaking concerned — Financial harm which is objectively significant sustained by an undertaking owing to an alleged obligation to make a commercial choice within a disadvantageous timescale — Risk that should normally be borne by an undertaking operating in a highly regulated market — No urgency (Arts 278 TFEU and 279 TFEU) In interim proceedings, it is true that it is apparent from the case-law that it cannot be excluded that financial harm which is objectively significant and which allegedly results from the obligation to make a final commercial choice of some magnitude within a disadvantageous timescale, could be considered as ‘serious’, or even that the seriousness of such harm could be considered as obvious, even in the absence of information concerning the size of the undertaking concerned. However, that case-law must be assessed having regard to the field in which the applicant operates. In the context of a highly regulated market in which the competent authorities may intervene rapidly when public health risks become apparent, for reasons which cannot always be foreseen, it is for the undertakings concerned, if they are not to bear themselves the loss resulting from such intervention, to protect themselves against its consequences by adopting an appropriate policy. (see paras 59, 60)