Order of the President of the General Court of 12 July 2018 –
RATP v Commission
(Case T‑250/18 R)
(Application for interim measures — Access to documents — Application for suspension of operation of a measure — No urgency)
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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 18, 20, 21) |
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2. |
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 — Loss capable of being subsequently remedied by means of an action for compensation — Damage which cannot be regarded as irreparable (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 156(4)) (see paras 24, 26) |
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Application for interim measures — Suspension of operation of a measure — Interim measures — Conditions for granting — Urgency — Serious and irreparable damage — Burden of proof — Damage foreseeable with a reasonable degree of probability (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 156(3)) (see para. 25) |
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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 — Situation liable to endanger the existence of the applicant company — Assessment having regard to the situation of the group to which the undertaking belongs (Arts 278 TFEU and 279 TFEU) (see para. 27) |
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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 paras 29, 31) |
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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 (Arts 256(1) TFEU, 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 156(4)) (see para. 30) |
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Application for interim measures — Suspension of operation of a measure — Interim measures — Conditions for granting — Urgency — Serious and irreparable damage — Assessment in litigation on the protection of confidential information — Sufficient where probability of that damage is shown (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 156(3); European Parliament and Council Regulation No 1049/2001, Arts 7 and 8) (see paras 34, 35, 38-40) |
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Application for interim measures — Suspension of operation of a measure — Interim measures — Conditions for granting — Urgency — Serious and irreparable damage — Assessment in litigation on the protection of confidential information — Condition that there should be a prima facie case not satisfied — No urgency (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 156(3)) (see paras 43, 44) |
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9. |
Application for interim measures — Suspension of operation of a measure — Conditions for granting — Prima facie case — Prima facie examination of the pleas in law put forward in support of the main action — Action against a Commission decision granting access in part to documents containing confidential information — Failure to establish the confidential nature of the redacted version of the documents Plea prima facie lacking in foundation (Art. 278 TFEU; European Parliament and Council Regulation No 1049/2001, Art. 4) (see paras 46-48, 51, 57, 59, 65, 66, 70) |
Re:
Application based on Articles 278 TFEU and 279 TFEU, seeking suspension of the operation of Commission Decision C(2018) 1865 final of 21 March 2018, Gestdem 2017/4598, relating to partial access to documents.
Operative part
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The application for interim measures is dismissed. |
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The costs are reserved. |