Order — ECLI:EU:T:2014:283
Date: 2014-05-23
Language of the case: English
Court formation: President of the Chamber
Subject matter: Dumping;External relations;Commercial policy
Procedure: Action for annulment;Application for interim measures - unfounded
Origin: Germany;Spain;Italy

Order of the President of the General Court of 23 May 2014 — SolarWorld and Others v Council (Case T‑142/14 R) Application for interim measures — Subsidies — Imports of crystalline silicon photovoltaic modules and key components (cells) originating or consigned from China — Definitive countervailing duty — Application for suspension of operation of a measure — No urgency 1. Application for interim measures — Suspension of operation of a measure — Interim measures — Conditions for granting — Prima facie case — Urgency — Serious and irreparable damage — Cumulative nature — Discretion of the court hearing the application for interim relief (Arts 256(1) TFEU, 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 13-15) 2. Application for interim measures — Suspension of operation of a measure — Interim measures — Conditions for granting — Serious and irreparable damage — Risk that fundamental rights might be affected — Risk not in itself constituting serious damage (Arts 256(1) TFEU, 278 TFEU and 279 TFEU; Charter of Fundamental Rights of the European Union, Arts 4, 16 and 47; Rules of Procedure of the General Court, Art. 104(2)) (see paras 17, 18, 20-23, 25) 3. Application for interim measures — Suspension of operation of a measure — Interim measures — Conditions for granting — Urgency — Criteria for assessment — Account taken of the subjective interest of the applicant — Exclusion (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see para. 28) 4. Application for interim measures — Suspension of operation of a measure — Interim measures — Conditions for granting — Serious and irreparable damage — Financial loss — Situation which could jeopardise the existence of the applicant company — Burden of proof (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 30-32) Re: APPLICATION for suspension of operation of Article 2 of Council Implementing Regulation (EU) No 1239/2013 of 2 December 2013 imposing a definitive countervailing duty on imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from the People’s Republic of China (OJ 2013 L 325, p. 66). Operative part 1. The application for interim measures is dismissed. 2. Costs are reserved.