Beschlüsse (Information) nº T-468/08 of TGericht erster Instanz der Europäischen Gemeinschaften, December 23, 2008
Resolution Date | December 23, 2008 |
Issuing Organization | TGericht erster Instanz der Europäischen Gemeinschaften |
Decision Number | T-468/08 |
Beschluss des Präsidenten des Gerichts vom 23. Dezember 2008 – AES‑Tisza/Kommission
(Rechtssache T-468/08 R)
„Vorläufiger Rechtsschutz – Staatliche Beihilfen – Entscheidung der Kommission, mit der die Beihilfen, die die Republik Ungarn bestimmten Stromerzeugern mittels Stromabnahmeverträgen gewährt haben soll, für mit dem Gemeinsamen Markt unvereinbar erklärt werden – Antrag auf Aussetzung des Vollzugs – Fehlende Dringlichkeit – Interessenabwägung“
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Vorläufiger Rechtsschutz – Aussetzung des Vollzugs – Einstweilige Anordnungen – Voraussetzungen für die Gewährung – „Fumus boni iuris“ – Dringlichkeit – Schwerer und nicht wiedergutzumachender Schaden – Kumulativer Charakter (Art. 225 EG, 242 EG und 243 EG; Verfahrensordnung des Gerichts, Art. 104 § 2) (vgl. Randnrn. 10-13)
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Vorläufiger Rechtsschutz – Aussetzung des Vollzugs –Voraussetzungen für die Gewährung – Schwerer und nicht wiedergutzumachender Schaden – Beweislast – Finanzieller Schaden (Art. 242 EG; Verfahrensordnung des Gerichts, Art. 104 § 2) (vgl. Randnrn. 28-29, 35-39, 42, 45-47)
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Vorläufiger Rechtsschutz – Zulässigkeitsvoraussetzungen – Antrag – Formerfordernisse – Darstellung der Antragsgründe, mit denen die Notwendigkeit der beantragten Maßnahmen glaubhaft gemacht wird (Art. 242 EG und 243 EG; Verfahrensordnung des Gerichts,...
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