Order — ECLI:EU:C:2018:951
Date: 2018-11-22
Language of the case: Spanish
Court formation: Judge hearing applications for interim measures
Subject matter: State aids;Competition
Procedure: Action for annulment;Application for interim measures - unfounded;Appeal - successful;Application for interim measures
Origin: Spain

Summary — Order of the Judge hearing applications for interim measures, 22 November 2018 1. Appeal —Grounds — Inadequate or contradictory grounds — Scope of the obligation to state reasons — Reliance by the General Court on implied reasoning — Lawfulness — Conditions (Statute of the Court of Justice, Arts 36 and 53, first para.; Rules of Procedure of the General Court, Art. 119) 2. Application for interim measures — Admissibility criteria — Application — Formal requirements — Pleas establishing a prima facie case for the measures applied for — Possibility of supplementing the information and evidence set out in the application — Discretion of the Courts of the Union (Arts 278 and 279 TFEU; Rules of Procedure of the General Court, Art. 160(3)) 3. Appeal — Pleas in law/Grounds — Review by the Court of the General Court’s assessment of the need to provide additional information — Possible only where the clear sense of the evidence has been distorted (Art. 256(1) TFEU) 1. See the text of the decision. (see paras 25, 31, 40, 41) 2. Taking into account the expedition which naturally characterises proceedings for interim relief, it is a reasonable requirement to make of the party seeking the interim measures that, save in exceptional cases, he submit at the time when the application is made all the evidence available in support of that application, so that the court hearing the application can assess, on that basis, whether the application is well founded. Even assuming that an item of evidence becomes available only after the application for interim relief has been lodged, the President of the General Court is the sole judge of whether the information available concerning the cases before that court needs to be supplemented. (see paras 56, 57) 3. See the text of the decision. (see para. 59)