Order of the Vice-President of the Court of 16 July 2021 –
ACER v Aquind
(Case C‑46/21 P-R)
(Application for interim relief – Appeal – Articles 278 and 279 TFEU – Application for suspension of operation of a measure – Application for interim measures – Regulation (EC) No 714/2009 – Conditions for access to the network for cross-border exchanges in electricity – Article 17 – Decision of the European Union Agency for the Cooperation of Energy Regulators (ACER) refusing a request for exemption relating to new electrical interconnectors – Appeal brought before the Board of Appeal of ACER – Annulment of the decision adjudicating on that appeal)
|
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 278 and 279 TFEU; Rules of Procedure of the Court of Justice, Art. 160(3)) (see paras 14-16) |
|
2. |
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 and 279 TFEU) (see para. 27) |
Operative part
|
1. |
The application for interim measures is dismissed. |
|
2. |
The costs are reserved. |