Order — ECLI:EU:T:2015:665
Date: 2015-09-21
Language of the case: Italian
Court formation: President of the Chamber
Subject matter: Agriculture and Fisheries
Procedure: Action for annulment;Application for interim measures - inadmissible
Origin: Italy

summary of the pleas in law on which the application is based — Pleas in law not set out in the application and pleadings — General reference to documents — Inadmissibility (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Arts 76(d), and 156(4)) (see paras 11, 12) 4. Application for interim measures — Suspension of operation of a measure — Interim measures — Conditions for granting — Urgency — Serious and irreparable damage — Burden of proof — Financial loss — Situation liable to endanger the existence of the applicant company — Loss capable of being subsequently remedied by means of an action for compensation — Not irreparable (Arts 268 TFEU, 278 TFEU, 279 TFEU and 340 TFEU; Rules of Procedure of the General Court, Arts 156(2) and (3)) (see paras 15-17, 19, 22, 25) 5. Application for interim measures — Suspension of operation of a measure — Conditions for granting — Urgency — Serious and irreparable damage — Damage capable of affecting a general economic sector — Action brought not by a public law body but by individuals — Obligation to claim individual damage (Art. 278 TFEU; Rules of Procedure of the General Court, Art. 156(3)) (see paras 20, 21) 6. Application for interim measures — Suspension of operation of a measure — Interim measures — Conditions for granting — Urgency — Lack of diligence by the applicant taken into account (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 156(3)) (see paras 23, 24) Re: APPLICATION to suspend the operation of Commission Implementing Decision (EU) 2015/789 of 18 May 2015 as regards measures to prevent the introduction into and the spread within the Union of Xylella fastidiosa (Wells et al.) (OJ 2015 L 125, p. 36) in so far as that decision encompasses grapevine varieties grown in the Italian province of Lecce. Operative part 1. The application for interim measures is dismissed. 2. Costs are reserved.