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Order of the President of the General Court of 25 October 2010.#Inuit Tapiriit Kanatami and Others v European Parliament and Council of the European Union.#Applications for interim measures - Regulation (EC) No 1007/2009 - Trade in seal products - Ban on import and sale - Exception in favour of Inuit communities - Second application for suspension of operation of a measure - New facts - No urgency.#Case T-18/10 R II.
ECLI:EU:T:2010:448
62010TO0018(03)
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(Case T-18/10 R II)
Application for interim measures – Regulation (EC) No 1007/2009 – Trade in seal products – Ban on import and sale – Exception in favour of Inuit communities – Second application for suspension of operation of a measure – New facts – No urgency
3. Applications for interim measures – Conditions for admissibility – Application – Formal requirements – Statement of the pleas in law establishing a prima facie case for granting the measures sought (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2) and (3)) (see paras 63-64)
4. Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Urgency – Serious and irreparable damage – Burden of proof – Financial loss – Irremediable change in market place – Included – Conditions – Assessment having regard to the size of the undertaking and the situation of the group to which it belongs (Art. 278 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see para. 68)
6. Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency – Serious and irreparable damage – Impossibility, for the Inuit people, of carrying on their economic activities by reason of the prohibition, by Regulation No 1007/2009, of trade in seal products – Implementing regulation making an exception to that prohibition in favour of Inuit communities – No proof that the implementing regulation was impracticable – Realisation of the damage depending on future and uncertain events – No urgency (Arts 278 TFEU and 279 TFEU; European Parliament and Council Regulation No 1007/2009; Commission Regulation No 737/2010) (see paras 84-90)
Re:
APPLICATION for suspension of the operation of Regulation (EC) No 1007/2009 of the European Parliament and of the Council of 16 September 2009 on trade in seal products (OJ 2009 L 286, p. 36).
Operative part
1.The application for interim measures is dismissed.
2.The order of the President of the General Court of 19 August 2010 in Case T-18/10 R II Inuit Tapiriit Kanatami and Others v Parliament and Council, not published in the ECR, is cancelled.
3.Costs are reserved.