CELEX: 62011TO0269
Language: en
Date: 2011-11-15 00:00:00
Title: Order of the President of the General Court of 15 November 2011. # Xeda International SA v European Commission. # Application for interim measures - Plant protection products - Active substance ethoxyquin - Non-inclusion of ethoxyquin in Annex I to Directive 91/414/EEC - Withdrawal of authorisations for plant protection products containing ethoxyquin - Application to suspend the operation of a measure - Lack of urgency. # Case T-269/11 R.

Order of the President of the General Court of 15 November 2011 – Xeda International v Commission
      (Case T-269/11 R)
      Application for interim measures – Plant protection products – Active substance ethoxyquin – Non-inclusion of ethoxyquin in Annex I to Directive 91/414/EEC – Withdrawal of authorisations for plant protection products containing ethoxyquin – Application to suspend the operation of a measure – Lack of urgency
      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 278 TFEU
            and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 11-12)
      2.                     Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency
            – Serious and irreparable damage – Burden of proof – Financial loss – Assessment having regard to the size of the undertaking
            and the situation of the group to which it belongs (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art.
            104(2)) (see paras 15-16, 19-20, 22, 38, 51)
      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)) (see para. 17)
      4.                     Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency
            – Serious and irreparable damage – Financial loss – Decision not to include a substance in Annex I to Directive 91/414 – Risk
            normally having to be borne by an undertaking operating in the phytopharmaceuticals market – Damage not serious in nature (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 33-34)
      Re:
      
         
               APPLICATION for suspension of operation of Commission Decision 2011/143/EU of 3 March 2011 concerning the non-inclusion of
                  ethoxyquin in Annex I to Council Directive 91/414/EEC and amending Commission Decision 2008/941/EC (OJ 2011 L 59, p. 71) and,
                  if necessary, other interim measures.
               
            Operative part 
      
         
                  1.
               
               
                  
               
               
                  	The application for interim measures is dismissed.
               
            
         
                  2.
               
               
                  
               
               
                  	Costs are reserved.