Order of the President of the General Court of 17 December 2009 – Vereniging Milieudefensie and Stichting Stop Luchtverontreiniging Utrecht v Commission

(Case T-396/09 R)

Interim measures – Obligation of the Member States to protect and improve ambient air quality – Exemption granted to a Member State – Commission’s refusal to review – Application for suspension of operation of a measure and interim measures – Inadmissibility

1.                     Application for interim measures – Suspension of operation of a measure – Conditions for granting – Interest of the applicant in obtaining the suspension – Negative administrative decision – Suspension not capable of changing the applicant’s position – Not included (Art. 278 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 34-35)

2.                     Application for interim measures – Conditions for admissibility – Link of the measure sought to the pleadings in the main action – Provisional character (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 36-39)

3.                     Application for interim measures – Interim measures – Measure incompatible with the distribution of powers between institutions – Application seeking to enjoin the Commission to apply a possible annulment judgment in the main action in a particular way – Inadmissibility (Arts 266 TFEU and 279 TFEU) (see paras 41-42)

Re:

Operative part