Order of the President of the General Court of 30 April 2010 – Xeda International and Pace International v Commission

(Case T-71/10 R)

Application for interim measures – Directive 91/414/EEC – Decision concerning the non-inclusion of diphenylamine in Annex I to Directive 91/414 – Application for suspension of operation of a measure – Lack of urgency

1.                     Applications 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 judge dealing with the application for interim relief (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 20-21)

2.                     Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency – Serious and irreparable damage – Financial loss – Irreparable alteration in market share – Included – Conditions – Assessment having regard to the size of the undertaking and the situation of the group to which it belongs (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 39, 41-48)

3.                     Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Urgency – Serious and irreparable damage – Financial loss – Decision not to include a substance in Annex I of Directive 91/414 – Risk normally having to be borne by an undertaking operating in the phytopharmaceuticals market – Damage not serious in nature (Art. 278 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 55-59)

Re:

Operative part