Order of the President of the General Court of 12 December 2011 – Preparados Alimenticios del Sur v Commission
(Case T-402/11 R)
Application for interim measures –
Claim for remission of import duties of some food products – Decision to
refer the documents in the case to the national authorities –
Applications for interim measures – Inadmissibility – No urgency
1.                     Applications
for interim measures – Suspension of operation of a measure –
Conditions for admissibility – Interest of the
applicant in obtaining the suspension sought – Action for
suspension of operation of a measure already implemented –
Inadmissibility
(Art. 278 TFEU; Rules of Procedure of the General Court,
Art. 104(2)) (see paras 10-13)
2.                     Applications
for interim measures – Interim measures – Jurisdiction of the Court
hearing the application for interim relief
– Issuing of directions to third parties – Limits (Arts 256
TFEU and 279 TFEU; Rules of Procedure of the General Court, Art.
104(1)) (see para. 14)
3.                     Applications for interim measures – Interim measures – Conditions for granting – Urgency – Serious and irreparable damage
– Burden of proof (Art. 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 18, 21)
4.                     Applications
for interim measures – Interim measures – Conditions for granting –
Urgency – Serious and irreparable damage
– National measures for implementing customs debt – National
rights of action – Effect – No urgency by reason of the need,
under the terms of the contested measure, for an additional
intervention of the national authorities applying substantive
EU customs law (Art. 279 TFEU; Rules of Procedure of the
General Court, Art. 104(2); Council Regulation No 2913/92; Commission
Regulation No 2454/93, Art. 871(6)) (see paras 22-25)
Re:
APPLICATION
for interim measures, including suspension of operation of the letter
of the Commission of 29 June 2011 informing
the applicant of the reference to the Spanish
authorities of the documents in the case relating to its claim for
remission
of import duties, so that those authorities can rule
on that claim.
Operative part
1.
The application for interim measures is dismissed.
2.
Costs are reserved.