CELEX: 62011TO0195
Language: en
Date: 2011-05-11 00:00:00
Title: Order of the President of the General Court of 11 May 2011. # Jean-Marie Cahier and Others v Council of the European Union and European Commission. # Interim proceedings - Non-contractual liability - Application for interim measures - Inadmissible in part - No urgency. # Case T-195/11 R.

Order of the President of the General Court of 11 May 2011 – Cahier and Others v Council and Commission
      (Case T-195/11 R)
      Interim proceedings – Non-contractual liability – Application for interim measures – Inadmissible in part – No urgency
      1.                     Application for interim measures – Suspension of operation of a measure – Conditions for admissibility – Action brought against
            the measure forming the subject-matter of the application for suspension – Action for suspension of a provision of a regulation
            – Main action limited to a claim for compensation – Inadmissibility (Art. 278 TFEU; Rules of Procedure of the General Court,
            Art. 104(1)) (see para. 13)
      2.                     Application for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency
            – Serious and irreparable damage – Financial loss – Claim for interim relief submitted by several applicants – Burden of proof
            (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 15-20)
      3.                     Application for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Serious
            and irreparable damage – Alleged loss arising from measures imposing pecuniary obligations at national level – National rights
            of action – Effect (Arts 278 TFEU and 279 TFEU) (see paras 21-22)
      Re:
      
         
               APPLICATION for interim measures and suspension of operation of Article 28 of Council Regulation (EC) No 1493/1999 of 17 May
                  1999 on the common organisation of the market in wine (OJ 1999 L 179, p. 1), as maintained in force by Article 128(3) of Council
                  Regulation (EC) No 479/2008 of 29 April 2008 on the common organisation of the market in wine, amending Regulations (EC) No 1493/1999,
                  (EC) No 1782/2003, (EC) No 1290/2005, (EC) No 3/2008 and repealing Regulations (EEC) No 2392/86 and (EC) No 1493/1999 (OJ
                  2008 L 148, p. 1).
               
            Operative part
      
         
                  1.
               
               
                  
               
               
                  	The application for interim measures is dismissed.
               
            
         
                  2.
               
               
                  
               
               
                  	Costs are reserved.