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Document 62017TO0244

Order of the President of the General Court of 20 July 2017.
António Conde & Companhia, SA v European Commission.
Interim measures — Fishing vessel — Northwest Atlantic Fisheries Organisation — Admissibility — New facts — Change in circumstances — Application for interim measures — Lack of interest.
Case T-244/17 R.

Court reports – general – 'Information on unpublished decisions' section

Order of the President of the General Court of 20 July 2017 —
António Conde & Companhia v Commission

(Case T‑244/17 R)

(Interim measures — Fishing vessel — Northwest Atlantic Fisheries Organisation — Admissibility — New facts — Change in circumstances — Application for interim measures — Lack of interest)

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—Order of examination and method of verification—Discretion of the court hearing the application for interim relief—Balancing of all the interests involved

(Arts 256(1) TFEU, 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 156(4))

(see paras 9-12)

2. 

Application for interim measures—Interim measures—Admissibility criteria—Interest of the applicant in obtaining the measure sought—Application for an injunction ordering the Commission to abstain from exerting pressure on a Member State to exclude a vessel from the list of those authorised to fish in the regulatory area of the Northwest Atlantic Fisheries Organisation—List already drawn up by the Member State—No interest—Inadmissibility

(Art. 279 TFEU; Rules of Procedure of the General Court, Art. 156)

(see paras 15-19, 22, 23)

Re:

APPLICATION pursuant to Articles 278 and 279 TFEU for the grant of interim measures ordering the European Commission to abstain from exerting pressure on the Republic of Portugal to exclude the fishing vessel Calvão from the list of Portuguese-flagged vessels authorised to fish in the NAFO Regulatory Area.

Operative part

1. 

The application for interim measures is dismissed.

2. 

Costs are reserved.

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