CELEX: 62010TO0016
Language: en
Date: 2010-03-26 00:00:00
Title: Order of the President of the General Court of 26 March 2010. # Alisei v European Commission. # Interim measures - Programme establishing a 'food facility' intended for developing countries - Call for proposals for the grant of funding - Refusal of funding - Application for suspension of operation - Lack of interest in bringing proceedings - Disregard of formal requirements - Inadmissibility. # Case T-16/10 R.

Order of the President of the General Court of 26 March 2010 – Alisei v Commission
      (Case T-16/10 R)
      Interim measures – Programme establishing a ‘food facility’ intended for developing countries – Call for proposals for the grant of funding – Refusal of funding – Application for suspension of operation – Lack of interest in bringing proceedings – Disregard of formal requirements – Inadmissibility
      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 – Order of examination and method of verification
            – Discretion of the judge dealing with 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 11-13)
      2.                     Application for interim measures – Suspension of operation of a measure – Conditions for granting – Interest of the applicant
            in obtaining the suspension – Negative administrative decision (Art. 278 TFEU; Rules of Procedure of the General Court, Art.
            104(2)) (see paras 25-26)
      3.                     Application for interim measures – Conditions for admissibility – Application – Formal requirements – Detailed statement of
            the subject-matter of the application (Rules of Procedure of the General Court, Arts 44(1)(d), and 104(3)) (see para. 27)
      4.                     Application for interim measures – Interest in bringing proceedings (Arts 278 TFEU and 279 TFEU) (see paras 28-32)
      5.                     Application for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency
            – Serious and irreparable damage – Burden of proof (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art.
            104(2)) (see paras 35-36)
      6.                     Application 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 (Art. 278 TFEU;
            Rules of Procedure of the General Court, Art. 104(2)) (see paras 38-45)
      7.                     Application for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency
            – Serious and irreparable damage – Contested measure infringing a superior rule of law (Arts 278 TFEU and 279 TFEU; Rules
            of Procedure of the General Court, Art. 104(2)) (see para. 46)
      Re:
      
         
               APPLICATION for interim measures relating to the selection of applications for funding submitted under the ‘Facility for rapid
                  response to soaring food prices in developing countries’ (EuropeAid/128608/C/ACT/Multi).
               
            Operative part 
      
         
                  1.
               
               
                  
               
               
                  	The application for interim measures is dismissed.
               
            
         
                  2.
               
               
                  
               
               
                  	The costs are reserved.