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Document 62017TO0125
Order of the President of the General Court of 13 July 2017.
BASF Grenzach GmbH v European Chemicals Agency.
Interim measures — REACH — Substance triclosan — Evaluation procedure — Decision of the Board of Appeal of the ECHA — Obligation to provide certain information requiring animal testing — Application for interim measures — No urgency.
Case T-125/17 R.
Order of the President of the General Court of 13 July 2017.
BASF Grenzach GmbH v European Chemicals Agency.
Interim measures — REACH — Substance triclosan — Evaluation procedure — Decision of the Board of Appeal of the ECHA — Obligation to provide certain information requiring animal testing — Application for interim measures — No urgency.
Case T-125/17 R.
Court reports – general – 'Information on unpublished decisions' section
Order of the President of the General Court of 13 July 2017 —
BASF Grenzach v ECHA
(Case T‑125/17 R)
(Interim measures — REACH — Substance triclosan — Evaluation procedure — Decision of the Board of Appeal of the ECHA — Obligation to provide certain information requiring animal testing — Application for interim measures — No urgency)
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—Balancing of all the interests involved—Order of examination and method of verification—Discretion of the court hearing the application for interim relief (Arts 256(1) TFEU, 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 156(4)) (see paras 23-26) |
2. |
Application for interim measures—Suspension of operation of a measure—Interim measures—Conditions for granting—Urgency—Serious and irreparable damage—Burden of proof—Purely hypothetical damage based on the happening of future and uncertain events—Insufficient to demonstrate urgency (Arts 278 TFEU and 279 TFEU) (see paras 29, 30, 48) |
3. |
Application for interim measures—Suspension of operation of a measure—Interim measures—Conditions for granting—Urgency—Serious and irreparable damage—Burden of proof—Financial loss—Obligation to provide concrete and precise indications, supported by detailed documentary evidence—Situation liable to endanger the existence of the applicant company (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 156(4)) (see paras 31-33, 55-59) |
4. |
Application for interim measures—Formal requirements—Submission of applications—Brief summary of the pleas in law on which the application is based—Pleas in law not set out in the application and pleadings—General reference to other documents—Inadmissibility (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 156(4) and (5)) (see para. 34) |
Re:
APPLICATION pursuant to Articles 278 TFEU and 279 TFEU for the grant of interim measures to (i) suspend implementation of Decision A-018-2014 of the Board of Appeal of ECHA of 19 December 2016, relating to the substance evaluation of triclosan, and (ii) order the extension of the prescribed period to communicate the results of the tests for the duration of the suspension.
Operative part
1. |
The application for interim measures is dismissed. |
2. |
Costs are reserved. |