Orders (Information) nº T-352/08 of Court of First Instance of the European Communities, January 23, 2009

• Resolution Date: January 23, 2009
• Issuing Organization: Court of First Instance of the European Communities
• Decision Number: T-352/08

Order of the President of the Court of First Instance of 23 January 2009 – Pannon Hőerőmű v Commission

(Case T-352/08 R)

Interim measures – State aid – Commission decision declaring State aid granted by Hungary in favour of certain electricity producers by way of electricity purchasing agreements incompatible with the common market – Application for stay of execution – Lack of urgency – Balancing of interests

1. Application for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Prima facie case – Urgency – Serious and irreparable damage – Cumulative nature – Order of examination and method of verification – Discretion of the judge dealing with the application for interim relief (Arts 225 EC, 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 10-13)

2. Application for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency – Serious and irreparable damage – Burden of proof – Purely hypothetical damage based on the occurrence of future and uncertain events (Arts 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 27-28, 30, 33)

3. Application for interim measures – Conditions of admissibility – Application – Formal requirements – Statement of the pleas in law establishing a prima facie case for granting the measures sought – Lodging of an additional memorandum in order to remedy deficiencies – Incompatibility with the...