Orders (Information) nº T-468/08 of Court of First Instance of the European Communities, December 23, 2008

• Resolution Date: December 23, 2008
• Issuing Organization: Court of First Instance of the European Communities
• Decision Number: T-468/08

Order of the President of the Court of First Instance of 23 December 2008 – AES‑Tisza v Commission

(Case T-468/08 R)

Application for interim measures – State aid – Commission decision declaring aid awarded by the Republic of Hungary to certain electricity producers through power purchase agreements to be incompatible with the common market – Application for suspension of operation – Lack of urgency – Weighing up of interests

1. Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Prima facie case – Urgency – Serious and irreparable damage – Cumulative nature (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. Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Serious and irreparable damage – Burden of proof – Financial loss (Art. 242 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 28-29, 35-39, 42, 45-47)

3. Applications 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 (Arts 242 EC and 243 EC; Rules of Procedure of...