Order — ECLI:EU:T:2019:64
Date: 2019-02-05
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
Origin: Belgium;Germany;Italy

Order of the President of the General Court of 5 February 2019 – Trifolio-M and Others v EFSA (Case T‑675/18 R) (Application for interim measures — Plant protection products — Procedure for reviewing the approval of the active substance azadirachtin — Rejection of the request for confidential treatment — No prima facie case) Application for 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 — Balancing of all the interests involved — Formal requirements — Statement of the pleas establishing a prima facie case for granting the measures sought — Assessment in litigation on the protection of confidential information — Extent of the burden of proof on the applicant — Condition of prima facie case not satisfied (Arts 256(1), 278, 279 and 296 TFEU; Rules of Procedure of the General Court, Art. 156) (see paras 23-32, 35, 36, 39, 56, 71, 77) Re: Application pursuant to Articles 278 and 279 TFEU seeking the suspension of the operation of the decision of the Executive Director of the European Food Safety Authority on the requests for confidentiality made in relation to the conclusions on the Peer Review of the pesticide risk assessment of the active substance Azadirachtin of 11 September 2018 (EFSA/LA/DEC/19777743/2018). Operative part 1. The application for interim measures is dismissed. 2. The order of 20 November 2018, Trifolio-M and Others v EFSA, (T‑675/18 R) is cancelled. 3. Each party shall bear its own costs.