Order of the President of the General Court of 5 June 2013 — Rubinum v Commission

(Case T-201/13 R)

‛Interim relief — Authorisation of feed additives — Regulation on the suspension of the authorisations of the preparation of Bacillus cereus var. toyoi — Application for suspension of operation of a measure — Urgency — Weighing up of interests’

1. Applications 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 — Order of examination and method of verification — 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 13-16)

2. Applications 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 — Assessment having regard to the situation of the group to which the applicant company belongs (Art. 278 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 25-28, 36, 37, 39, 45)

3. Applications for interim measures — Community law — Application — Formal requirements — Pleas establishing a prima facie case for the measures applied for — Lodging of a supplementary pleading for the purpose of putting right deficiencies — Incompatibility with proceedings for interim measures (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Arts 104(2), and 109) (see paras 29, 30, 36)

4. Applications for interim measures — Suspension of operation of a measure — Conditions for granting — Urgency — Serious and irreparable damage — Financial loss — Decision to withdraw authorisation in a closely regulated sector — Risk normally having to be borne by an undertaking operating in such a sector — Damage not serious in nature (Art. 278 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 42-44)

5. Applications for interim measures — Suspension of operation of a measure — Conditions for granting — Urgency — Serious and irreparable damage — Burden of proof — Whether the risk materialises dependent on uncertain, future events — No urgency (Art. 278 TFEU) (see paras 46, 47)

6. Applications for interim measures — Suspension of operation of a measure — Conditions for granting — Serious and irreparable damage — Financial loss — Damage which may subsequently be made good by compensation or by means of an action for damages — Damage which cannot be regarded as irreparable (Arts 268 TFEU, 278 TFEU and 340 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 49, 50)

7. Applications for interim measures — Suspension of operation of a measure — Conditions for granting — Urgency — Non-material damage not capable of better remedy in interim proceedings than in the main proceedings (Art. 278 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 53, 54)

8. Applications for interim measures — Suspension of operation of a measure — Conditions for granting — Balancing of all the interests involved — Preponderance of the protection of public health over economic considerations — Precautionary principle to be taken into account (Art. 278 TFEU) (see paras 59-61)

Re:

APPLICATION for suspension of operation of Commission Implementing Regulation (EU) No 288/2013 of 25 March 2013 concerning the suspension of the authorisations of the preparation of Bacillus cereus var. toyoi (NCIMB 40112/CNCM I-1012) as provided for by Regulations (EC) No 256/2002, (EC) No 1453/2004, (EC) No 255/2005, (EC) No 1200/2005, (EC) No 166/2008 and (EC) No 378/2009 (OJ 2013 L 86, p. 15).

Operative part

1. The application for interim relief is dismissed.

2. The Order of 15 April 2013 in Case T-201/13 R Rubinum v Commission is cancelled.