Order of the President of the of the General Court of 7 November 2019 –

AMVAC Netherlands v Commission

(Case T‑317/19 R)

(Application for interim measures — Plant protection products — Regulation (EC) No 1107/2009 — Active substance ethoprophos — Conditions for approval for placing the substance on the market — Application for suspension of operation — Lack of 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 court 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 14-17)

2. Interim relief — Suspension of operation of a measure — Interim measures — Conditions for granting — Urgency — Serious and irreparable damage — Burden of proof borne by the party seeking the interim measure (Arts 278 and 279 TFEU; Rules of Procedure of the General Court, Art. 156(4)) (see para. 20)

3. Interim relief — Suspension of operation of a measure — Interim measures — Conditions for granting — Urgency — Serious and irreparable damage — Burden of proof — Obligation to provide concrete and precise indications, supported by detailed documentary evidence (Arts 278 and 279 TFEU; Rules of Procedure of the General Court, Art. 156(4)) (see paras 21-23, 37)

4. Interim relief — Suspension of operation of a measure — Interim measures — Conditions for granting — Serious and irreparable damage — Financial loss — Serious nature of the harm — Situation liable to endanger the existence of the applicant company — Assessment in the light of the size and turnover of the undertaking and the situation of the group to which it belongs — Examination of the circumstances of each case (Arts 278 and 279 TFEU) (see paras 27-30, 33, 36)

5. Interim relief — Suspension of operation of a measure — Conditions for granting — Urgency — Serious and irreparable damage — Financial loss — Irreparable alteration in market shares — Included — Conditions — Burden of proof — No substitute product in the portfolio of substances — Irrelevant (Arts 278 and 279 TFEU) (see paras 43, 44, 46, 47, 52)

6. Interim relief — Suspension of operation of a measure — Interim measures — Conditions for granting — Urgency — Serious and irreparable damage — Financial loss — Knock-on effect on sales in non-EU countries — Conditions — Burden of proof (Arts 278 and 279 TFEU) (see paras 57-60)

7. Interim relief — Suspension of operation of a measure — Interim measures — Conditions for granting — Serious and irreparable damage — Withdrawal of a plant protection product from the market or imposition of a restriction in its scope of use — Damage to reputation — Damage which cannot be regarded as serious (Arts 278 and 279 TFEU) (see paras 62, 63, 67)

8. Interim relief — Suspension of operation of a measure — Interim measures — Conditions for granting — Serious and irreparable damage — Financial loss — Damage which cannot be quantified — Damage not reparable by means of an action for damages — Burden of proof (Arts 268, 278, 279 and 340 TFEU) (see para. 70)

Re:

Application pursuant to Articles 278 and 279 TFEU seeking suspension of the operation of Commission Implementing Regulation (EU) 2019/344 of 28 February 2019 concerning the non-renewal of approval of the active substance ethoprophos, in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending the Annex to Commission Implementing Regulation (EU) No 540/2011 (OJ 2019 L 62, p. 7).

Operative part

1. The application for interim measures is dismissed.