Order of the President of the General Court of 12 December 2011 – Preparados Alimenticios del Sur v Commission

(Case T-402/11 R)

Application for interim measures – Claim for remission of import duties of some food products – Decision to refer the documents in the case to the national authorities – Applications for interim measures – Inadmissibility – No urgency

1.                     Applications for interim measures – Suspension of operation of a measure – Conditions for admissibility – Interest of the applicant in obtaining the suspension sought – Action for suspension of operation of a measure already implemented – Inadmissibility (Art. 278 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 10-13)

2.                     Applications for interim measures – Interim measures – Jurisdiction of the Court hearing the application for interim relief – Issuing of directions to third parties – Limits (Arts 256 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(1)) (see para. 14)

3.                     Applications for interim measures – Interim measures – Conditions for granting – Urgency – Serious and irreparable damage – Burden of proof (Art. 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 18, 21)

4.                     Applications for interim measures – Interim measures – Conditions for granting – Urgency – Serious and irreparable damage – National measures for implementing customs debt – National rights of action – Effect – No urgency by reason of the need, under the terms of the contested measure, for an additional intervention of the national authorities applying substantive EU customs law (Art. 279 TFEU; Rules of Procedure of the General Court, Art. 104(2); Council Regulation No 2913/92; Commission Regulation No 2454/93, Art. 871(6)) (see paras 22-25)

Re:

Operative part