Information;Order — ECLI:EU:T:2020:414
Date: 2020-09-11
Language of the case: English
Court formation: President of the Chamber
Subject matter: Research and technological development
Procedure: Action for annulment;Application for interim measures - unfounded
Origin: Poland

Order of the President of the of the General Court of 11 September 2020 – Datax v REA (Case T‑381/20 R) (Interim measures – Grant agreements concluded in the context of the Seventh Framework Programme for research, technological development and demonstration activities (2007-2013) – Reimbursement of sums paid – Application for interim measures – 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 – Balancing of all the interests involved – Order of examination and method of verification – Discretion of the judicature hearing the application for interim relief (Arts 256(1), 278 and 279 TFEU; Rules of Procedure of the General Court, Art. 156(4)) (see paras 17-20) 2. Interim relief – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency – Serious and irreparable damage – Burden of proof – Purely hypothetical damage based on the occurrence of future and uncertain events – Insufficient to demonstrate urgency – Pre-information letter from an executive agency, prior to any debit note or reminder letter, not forming an enforceable title (Art. 299(1) and (2) TFEU) (see paras 23, 24, 28-30, 32-35) 3. Interim relief – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency – Serious and irreparable damage – Burden of proof – Financial loss – Situation capable of putting the existence of the applicant company at risk – Obligation to provide concrete and precise information, supported by detailed documentary evidence – Need to provide a true overall picture of the financial situation – Reference to the payment capable of seriously limiting the activities of a private company, especially during the COVID 19 epidemic, which cannot compensate for the lack of concrete information regarding its financial situation – Lack of urgency (Rules of Procedure of the General Court, Art. 156(4)) (see paras 36-43) Re: Application based on Articles 278 and 279 TFEU for suspension of REA measure Ares(2019) 7018535 of 13 November 2019 concerning project 261659 (HELP) and project 286822 (GreenNets), concerning rejection and recovery of eligible costs and debit notes issued on the basis of that measure. Operative part 1. The application for interim measures is dismissed. 2. The costs are reserved.