Orders (Information) nº T-238/09 of Court of First Instance of the European Communities, July 13, 2009

• Resolution Date: July 13, 2009
• Issuing Organization: Court of First Instance of the European Communities
• Decision Number: T-238/09

Order of the President of the Court of First Instance of 13 July 2009 – Sniace v Commission

(Case T-238/09 R)

Application for interim measures – State aid – Decision declaring aid incompatible with the common market and ordering its recovery – Application for suspension of operation – Failure to have regard to formal requirements – Inadmissibility

1. Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Prima facie case – Urgency – Serious and irreparable damage – Balancing of all the interests involved (Arts 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see para. 15)

2. Applications for interim measures – Conditions for admissibility – Application – Formal requirements (Art. 242 EC; Rules of Procedure of the Court of First Instance, Art. 104(2) and (3)) (see paras 16-17, 21)

3. Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency – Serious and irreparable damage capable of arising at any moment – Meaning – Burden of proof (Arts 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 24-25)

4. Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Serious and irreparable damage – Commission decision ordering recovery of State aid – National implementing measures – National rights of action – Effect (Art. 242 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see para. 27)

5. Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Balancing of all the interests involved –...