Nuctech interim-relief order T-284/24 R

Court of Justice of the European Union · 2024-08-12 · EU · verified record

Themes: Cross-sector · Mergers & acquisitions · Public procurement

Ecosystems: EU Foreign Subsidies Regulation

ORDER OF THE PRESIDENT OF THE GENERAL COURT 12 August 2024 (*) (Interim relief – Foreign subsidies – Inspections within the European Union – Regulation (EU) 2022/2560 – Application for suspension of operation of a measure – No urgency – No prima facie case – Weighing up of interests) In Case T‑284/24 R, Nuctech Warsaw Company Limited sp. z o.o., established in Warsaw (Poland), Nuctech Netherlands BV, established in Rotterdam (Netherlands), represented by J.-F. Bellis and S. Ross, lawyers, applicants, v European Commission, represented by L. Flynn, M. Farley and A.‑L. Delbac, acting as Agents, defendant, THE PRESIDENT OF THE GENERAL COURT makes the following Order 1 By their application under Articles 278 and 279 TFEU, the applicants, Nuctech Warsaw Company Limited sp. z o.o. and Nuctech Netherlands BV, seek the suspension of operation of the decision of the European Commission of 16 April 2024 requiring an undertaking active in the threat detection systems sector to submit to inspections pursuant to Article 14(3) of Regulation (EU) 2022/2560 (Case FS.100068 – MARE) (‘the contested decision’) and any subsequent acts or requests based on it. Background to the dispute and forms of order sought 2 The applicants are active in the development, production and supply of security inspection equipment and after-sale services of that equipment. 3 The applicants are wholly owned subsidiaries of Nuctech Hong Kong Co. Ltd, a company registered in Hong Kong (China). Nuctech Hong Kong is ultimately controlled by Tsinghua Tongfang Co. Limited, a company registered in China and listed on the Shanghai Stock Exchange (China). Tsinghua Tongfang also controls Tongfang Nuctech Technology Co., Ltd., a company registered in China. 4 On 16 April 2024, the European Commission adopted the contested decision, ordering an inspection pursuant to Article 14(3) of Regulation (EU) 2022/2560 of the European Parliament and of the Council of 14 December 2022 on foreign subsidies distorting the internal market (OJ 2022 L 330, p. 1). 5 Between 23 and 26 April 2024, the Commission carried out an inspection at the applicants’ premises. 6 During those inspections, the Commission requested the content of a number of employees’ mailboxes.…