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How Germany Shattered the Last Days of Peace, Summer Daniel Allen do near-irreparable damage to Germany's reputation abroad, and make both the .
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But BQ-Portal is trying to change that. Germany and the EU have pressured Libyan authorities to do more to prevent migrants from crossing the Mediterranean. The Left party in the Bundestag has warned that refugees returned to Libya face "inhumane conditions. Prime Minister Imran Khan has vowed to grant Pakistani citizenship to millions of Afghan migrants, many of whom have been living for decades in fear and uncertainty. Implementation, however, remains uncertain. Despite gloomy headlines about the asylum policy debate, a majority view life with their immigrant and non-immigrant neighbors positively.

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As regards the fourth ground of the appeal, the Federal Republic of Germany again argues that the arguments put forward by the Commission in support of that ground are inadmissible because the true position is that the Commission is calling into question factual assessments made by the President of the General Court.

Moreover, it claims, in essence, that the Commission has committed errors in the method used for its calculations, in particular in so far as it used for that purpose the migration limit values fixed in the EN standard. Those errors led it to make an inaccurate comparison between the level of health protection ensured by the national provisions and that guaranteed by the provisions of the new toys directive.

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Thus, suspension of the operation of an act or other interim measures may be ordered if it is established that such an order is justified, prima facie, in fact and in law and that it is urgent in so far as it must, in order to avoid serious and irreparable harm to the interests of the party requesting it, be made and produce its effects before a decision is reached on the substance of the application.

However, that relevance means only that the judge hearing the application for interim relief, in ascertaining whether the Member State requesting the adoption of an interim measure has submitted grounds which may, prima facie, establish that the Commission acted unlawfully, and consequently, that there is a prima facie case, must take account of the fact that it is for the Member State to establish, during the administrative proceedings, that the conditions for the grant of the derogation sought are satisfied.

That relevance does not mean, on the other hand, that the Member State is required to establish definitively, at the stage of the interim proceedings, that those conditions are fulfilled. Were the judge hearing the application for interim relief to adopt a position on that latter issue, he would be obliged to rule on an aspect of the merits of the main proceedings brought by the Member State concerned and would thereby exceed the limits of his own powers. In the context of the present appeal relating to interim proceedings, the judge hearing the application for interim relief could be alleged to have infringed that provision only if it were established by the party making the claim that that finding seemed to be manifestly incorrect.

That Member State points out, inter alia, that although the bioavailability limit values in micrograms of poisonous substance absorbed per day, namely the daily tolerable absorption doses, fixed by the national provisions, are identical to those fixed by the old toys directive, the migration limit values for the materials of which toys are made, which the EN standard took from that directive, were not transposed in those provisions.

Thus, according to that Member State, the Commission distorted the content of the national provisions by using the migration limit values fixed by the EN standard in order to calculate the bioavailability limit values which it subsequently attributed to the national provisions for the purposes of comparing those national provisions to the bioavailability limit values calculated from the migration limit values fixed by the new toys directive, in respect of the three types of material defined there.

The Federal Republic of Germany submits that the bioavailability limit values thus determined, which the Commission attributed to the national provisions for the purposes of its comparison, are higher than the bioavailability limit values actually fixed by the national provisions themselves. Thus, according to the Federal Republic of Germany, the method adopted by the Commission for the purposes of its calculations of the limit values is incorrect, which led it to make an inaccurate comparison between the level of health protection ensured by the national provisions and that guaranteed by the new toys directive.

It also stems from the foregoing that that order is not inconsistent, in the sense intended by the Commission in the title of its fourth ground of appeal, on account of the fact that the President of the General Court reached those findings notwithstanding the arguments to the contrary put forward by the Commission. The serious and irreparable damage whose likely occurrence must be proven is that which would result, where relevant, from the refusal to grant an application for interim measures in the event that the action in the main proceedings was subsequently successful, and it must be assessed on the basis of that premiss, although that does not entail the judge hearing the application for interim relief adopting a position as regards the pleas in the main proceedings.

Therefore, that complaint must be dismissed as inadmissible. Therefore, the General Court has exclusive jurisdiction to find the facts and to appraise those facts. In any event it must be observed that the Federal Republic of Germany has stated, both before the General Court and before the Court of Justice in the present interim proceedings, the reasons for which it considers that the probable occurrence of serious and irreparable damage is established in the present case, so far as concerns the five substances at issue. Lastly, in so far as the Commission claims that the error of law which it alleges so far as concerns the burden of proof also affects the assessment of the weighing-up of interests carried out by the judge hearing the application for interim relief, it must be observed that it does not put forward any specific arguments in this connection.

The issue of the weighing-up of interests will consequently be examined in the context of the fifth ground of appeal which concerns that aspect of the order under appeal. It follows from the foregoing that the first and fourth grounds of appeal relied on by the Commission in support of its appeal must be rejected.

The second ground of appeal, alleging distortion of the facts. The Commission maintains that, had he not distorted the facts, the President of the General Court could have allowed the application for scraped-off material only, and rejected it for liquids or materials in powder form. Since he distorted the facts, the President of the General Court therefore deprived himself of that possibility in his order.

The Federal Republic of Germany submits that the President of the General Court did not distort the facts and submits that, in any event, the paragraph of the order under appeal which is criticised in this connection by the Commission does not provide the necessary support for the finding reached by the judge hearing the application for interim relief so far as concerns the prima facie case. It follows that the second ground relied on by the Commission in support of its appeal is inoperative and must be rejected as such.

The third ground of appeal, alleging an inadequate statement of grounds. The Commission identifies a second inadequacy in the grounds stated for the order under appeal, by observing that, in the decision at issue, it did not check, so far as concerns antimony, arsenic and mercury, whether or not there was arbitrary discrimination or a disguised restriction on trade or an obstacle to the functioning of the internal market, whereas, in that order, the President of the General Court himself carried out that assessment by merely, in that regard, repeating the arguments of the Federal Republic of Germany according to which the reasoning relating to those conditions seeking to guarantee undistorted competition, upheld in respect of lead, barium, nitrosamines and nitrosatable substances, could be easily transposed to other substances, the national provisions being, in his view, identical.

That statement of grounds is inadequate, since the determining factor is not the fact that those provisions are identical but the situation on the market. Once again the judge hearing the application for interim relief substituted his own assessment for that of the competent decision-making bodies. The Federal Republic of Germany submits that none of the arguments put forward by the Commission in that regard establishes that there were inadequate grounds stated capable of vitiating the assessment made in the order under appeal.

Moreover, the fact that the judge hearing the application for interim relief used, on a particular point of fact or law, the arguments of one or other of the parties in his reasoning cannot, as such, constitute a failure to state reasons.

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It follows that the third ground relied on by the Commission in support of its appeal must be rejected. The fifth ground of appeal, alleging errors of law in the weighing-up of interests. The Commission disputes that contention and maintains that the interest which it is defending in the present case consists in the observance of the intention of the EU legislature, as it is expressed in the new toys directive.


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The Commission submits that the order under appeal does not take into account that interest in the weighing-up of interests. Thus, since the President of the General Court has not committed any error in that regard, the fifth ground of appeal cannot succeed. Admittedly, as the Court has already held, harmonisation measures adopted on the basis of other provisions of primary law can have an effect on the protection of human health. Accordingly, the fifth ground of appeal put forward by the Commission in support of its appeal must be rejected. A fortiori , the fact that a possible reduction of the values relating to lead is envisaged does not have an effect on the present proceedings.

As none of the eight grounds of appeal relied on by the Commission in support of its appeal can be upheld, the appeal must be dismissed in its entirety. Since the Federal Republic of Germany has applied for costs and the Commission has been unsuccessful in its submissions, the latter must be ordered to pay the costs. Orders the European Commission to pay the costs.

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Wilms, acting as Agents, with an address for service in Luxembourg, applicant, the other party to the proceedings being: The new toys directive 7.