CELEX: 62010TO0018(03)
Language: en
Date: 2010-10-25 00:00:00
Title: Order of the President of the General Court of 25 October 2010.#Inuit Tapiriit Kanatami and Others v European Parliament and Council of the European Union.#Applications 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.#Case T-18/10 R II.

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.
                  
               
            
         
                  3.
               
               
                  
               
               
                  	Costs are reserved.