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Order of the President of the General Court of 1 September 2023 –Teva v Commission (Case T‑393/23 R)

Version 2023-09-01
Grade B

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Not the law itself: Judgment

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1. Interim reliefSuspension of operation of a measureInterim measuresConditions for grantingPrima facie caseUrgencySerious and irreparable damageCumulative natureBalancing of all the interests involvedOrder of examination and method of verificationDiscretion 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 paragraphs 23-27)

2. Interim reliefSuspension of operation of a measureConditions for grantingUrgencySerious and irreparable damageBurden of proof (Arts 256(1) and 278 TFEU; Rules of Procedure of the General Court, Art. 156(4)) (see paragraph 29)

Operative part

1. The application for interim measures is dismissed.

2. There is no longer any need to rule on the application to intervene submitted by Biogen Netherlands BV.

3. The costs relating to the proceedings for interim relief are reserved.

4. Each party shall bear its own costs relating to the application to intervene submitted by Biogen Netherlands.

Versions

  1. 2023-09-01