Order of the President of the General Court of 26 March 2010 – SNF v ECHA

(Case T-1/10 R)

Proceedings for interim measures – REACH – Identification of acrylamide as a substance of very high concern – Application for suspension of operation of the measure and for interim relief – 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 (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 21-24)

2.                     Application for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency – Serious and irreparable damage – Burden of proof (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 47-48, 66-67)

Re:

APPLICATION for suspension of operation of the decision identifying acrylamide as a substance of very high concern stated to have been adopted by the European Chemicals Agency (ECHA) on 7 December 2009 pursuant to Article 59 of Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ 2006 L 396, p. 1).

Operative part

1.

The application for interim measures is dismissed.

2.

Costs are reserved.