Order of the President of the General Court of 25 October 2010 – Inuit Tapiriit Kanatami and Others v Parliament and Council

(Case T-18/10 R II)

Application for interim measures – Regulation (EC) No 1007/2009 – Trade in seal products – Ban on import and sale – Exception in favour of Inuit communities – Second application for suspension of operation of a measure – New facts – No urgency

1. Applications for interim measures – Suspension of operation of a measure – Dismissal of application – Possibility of bringing a new application – Condition – New facts – Concept – Condition for granting the interim measure – Capacity of new facts to call into question the assessments which determined the dismissal of the first application (Art. 278 TFEU; Rules of Procedure of the General Court, Art. 109) (see paras 17-19, 22)

2. Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Urgency – Serious and irreparable damage – Damage capable of affecting a general economic sector – Action brought not by a public law body but by individuals – Obligation to mitigate individual damage (Art. 278 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 52-54, 59, 61-62)

3. Applications for interim measures – Conditions for admissibility – Application – Formal requirements – Statement of the pleas in law establishing a prima facie case for granting the measures sought (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2) and (3)) (see paras 63-64)

4. Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Urgency – Serious and irreparable damage – Burden of proof – Financial loss – Irremediable change in market place – Included – Conditions – Assessment having regard to the size of the undertaking and the situation of the group to which it belongs (Art. 278 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see para. 68)

5. Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Urgency – Serious and irreparable damage – 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 – Application to relations between a non-profit-making association and its members – Lawfulness – Conditions (Art. 278 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see para. 70)

6. Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency – Serious and irreparable damage – Impossibility, for the Inuit people, of carrying on their economic activities by reason of the prohibition, by Regulation No 1007/2009, of trade in seal products – Implementing regulation making an exception to that prohibition in favour of Inuit communities – No proof that the implementing regulation was impracticable – Realisation of the damage depending on future and uncertain events – No urgency (Arts 278 TFEU and 279 TFEU; European Parliament and Council Regulation No 1007/2009; Commission Regulation No 737/2010) (see paras 84-90)

Re:

APPLICATION for suspension of the operation of Regulation (EC) No 1007/2009 of the European Parliament and of the Council of 16 September 2009 on trade in seal products (OJ 2009 L 286, p. 36).

Operative part

1. The application for interim measures is dismissed.

2. The order of the President of the General Court of 19 August 2010 in Case T-18/10 R II Inuit Tapiriit Kanatami and Others v Parliament and Council, not published in the ECR, is cancelled.