Nuctech interim appeal order C-720/24 P(R)

Court of Justice of the European Union · 2025-03-21 · EU · verified record

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

Ecosystems: EU Foreign Subsidies Regulation

ORDER OF THE VICE-PRESIDENT OF THE COURT 21 March 2025 (*) ( Appeal – Interim relief – Foreign subsidies – Inspections within the European Union – Regulation (EU) 2022/2560 – Accessibility of data requested by the European Commission – Application for suspension of operation of a measure – Urgency ) In Case C‑720/24 P(R), APPEAL under the second paragraph of Article 57 of the Statute of the Court of Justice of the European Union, brought on 22 October 2024, Nuctech Warsaw Company Limited sp. z o.o., established in Warsaw (Poland), InsTech Netherlands BV, formerly Nuctech Netherlands BV, established in Rotterdam (Netherlands), represented by J.‑F. Bellis and S. Ross, avocats, appellants, the other party to the proceedings being: European Commission, represented by A.‑L. Delbac, M. Farley and L. Flynn, acting as Agents, defendant at first instance, THE VICE-PRESIDENT OF THE COURT, after hearing the Advocate General, M. Szpunar, makes the following Order 1 By their appeal, the appellants, Nuctech Warsaw Company Limited sp. z o.o. and InsTech Netherlands BV (formerly Nuctech Netherlands BV), seek to have set aside the order of the President of the General Court of the European Union of 12 August 2024, Nuctech Warsaw Company Limited and Nuctech Netherlands v Commission (T‑284/24 R, EU:T:2024:564; ‘the order under appeal’), by which the President of the General Court dismissed their application for interim measures that had requested 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 decision at issue’) and of any subsequent acts or requests based on that decision. Legal context 2 Article 14 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), entitled ‘Inspections within the Union’, provides, in paragraphs 2 and 3 thereof: ‘2.…