Order of the President of the General Court of 20 January 2014 — Romonta v Commission

(Case T‑614/13 R)

‛Interim measures — Environment — Directive 2003/87/EC — System of exchange of greenhouse gas emission allowances — Free allocation of greenhouse gas emission allowances from 2013 — Application for recognition of hardship — 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 — Balancing of all the interests involved — 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 14-17)

2. Application for interim measures — Suspension of operation of a measure — Conditions for granting — Urgency — Serious and irreparable damage — Burden of proof — Financial loss — Situation which could jeopardise the existence of the applicant company — Commission decision refusing transitional free allocation of additional greenhouse gas emission allowances — Decision to rule on the main proceedings in accordance with an accelerated procedure within the meaning of Article 76a of the Rules of Procedure of the General Court — No urgency (Arts 256(1) TFEU and 278 TFEU; Rules of Procedure of the General Court, Arts 76a and 104(2)) (see paras 20-27)

Re:

APPLICATION for a stay of execution of Article 1(1) of Commission Decision 2013/448/EU of 5 September 2013 concerning national implementation measures for the transitional free allocation of greenhouse gas emission allowances in accordance with Article 11(3) of Directive 2003/87/EC of the European Parliament and of the Council (OJ 2013 L 240, p. 27), in so far as the allocation of emission allowances to the applicant for hardship is refused.

Operative part

1. The application for interim measures is dismissed.

2. Costs are reserved.

Order of the President of the General Court of 20 January 2014 — Romonta v Commission

(Case T‑614/13 R)

‛Interim measures — Environment — Directive 2003/87/EC — System of exchange of greenhouse gas emission allowances — Free allocation of greenhouse gas emission allowances from 2013 — Application for recognition of hardship — 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 — Balancing of all the interests involved — 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 14-17)

2. Application for interim measures — Suspension of operation of a measure — Conditions for granting — Urgency — Serious and irreparable damage — Burden of proof — Financial loss — Situation which could jeopardise the existence of the applicant company — Commission decision refusing transitional free allocation of additional greenhouse gas emission allowances — Decision to rule on the main proceedings in accordance with an accelerated procedure within the meaning of Article 76a of the Rules of Procedure of the General Court — No urgency (Arts 256(1) TFEU and 278 TFEU; Rules of Procedure of the General Court, Arts 76a and 104(2)) (see paras 20-27)

Re:

APPLICATION for a stay of execution of Article 1(1) of Commission Decision 2013/448/EU of 5 September 2013 concerning national implementation measures for the transitional free allocation of greenhouse gas emission allowances in accordance with Article 11(3) of Directive 2003/87/EC of the European Parliament and of the Council (OJ 2013 L 240, p. 27), in so far as the allocation of emission allowances to the applicant for hardship is refused.

Operative part

1. The application for interim measures is dismissed.