Order of the President of the General Court of 19 August 2019 –
BASF v Commission
(Case T‑472/19 R)
(Interim measures — Medicinal product — Marketing authorisation —Omega-3 acid ethyl esters — No urgency)
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Application for interim relief — 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), 278 and 279 TFEU; Rules of Procedure of the General Court, Art. 156(4)) (see paras 11-14) |
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Application for interim relief — 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 and 279 TFEU) (see paras 17, 18) |
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Application for interim relief — 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 and 279 TFEU; Rules of Procedure of the General Court, Art. 156(4)) (see paras 19-21) |
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Application for interim relief — 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 and 279 TFEU; Rules of Procedure of the General Court, Art.156(4) and (5)) (see para. 22) |
Re:
Application pursuant to Articles 278 TFEU and 279 TFEU for the grant of interim measures to suspend the operation of the Commission Implementing Decision of 6 June 2019 concerning, in the framework of Article 31 of Directive 2001/83/EC, the marketing authorisations of medicinal products for human use containing ‘Omega-3 acid ethyl esters’ for oral use in secondary prevention after myocardial infarction (C(2019) 4336 final).
Operative part
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The application for interim measures is dismissed. |
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The costs are reserved. |