Order of the President of the General Court of 8 June 2020 –

Industrias Afrasa v Commission

(Case T‑77/20 RII)

(Application for interim measures – Plant protection products – Regulation (EC) No 1107/2009 – Implementing Regulation (EU) 2020/17 – Non-renewal of approval of the active substance chlorpyrifos-methyl – Application for suspension of operation of a measure – Lack of urgency – Serious and irreparable harm – None)

1. Interim relief – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency – Serious and irreparable damage – Burden of proof – Financial loss – 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 34-37, 69)

2. Interim relief – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency – 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 – Activity in highly regulated markets – Examination of the circumstances of each case (Arts 278 and 279 TFEU) (see paras 54-56, 60, 61)

3. Interim relief – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency – Serious and irreparable damage – Financial loss – Serious nature of the harm – Assessment in the absence of information concerning the size of the undertaking concerned – Financial harm which is objectively significant sustained by an undertaking owing to an alleged obligation to make a commercial choice within a disadvantageous timescale – Risk that should normally be borne by an undertaking operating in a highly regulated market (Arts 278 and 279 TFEU) (see paras 63, 64)

4. Interim relief – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency – Serious and irreparable damage – Financial loss – Damage which cannot be quantified – Damage not reparable by means of an action for damages – Irreparable character (Arts 268, 278, 279 and 340 TFEU) (see paras 76-79)

5. Interim relief – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency – Serious and irreparable damage – Burden of proof – Financial loss – Irreparable alteration in market share – Included – Conditions – Assessment having regard to the size of the undertaking and the situation of the group to which it belongs (Arts 278 and 279 TFEU) (see para. 84)

Re:

Application based on Articles 278 and 279 TFEU, seeking suspension of the operation of Commission Implementing Regulation (EU) 2020/17 of 10 January 2020 concerning the non-renewal of approval of the active substance chlorpyrifos-methyl, 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 2020 L 7, p. 11).

Operative part

1. The application for interim measures is dismissed.