Orders (Information) nº T-131/16 of Tribunal General de la Unión Europea, July 19, 2016

• Resolution Date: July 19, 2016
• Issuing Organization: Tribunal General de la Unión Europea
• Decision Number: T-131/16

Case T-131/16 R

Kingdom of Belgium

v

European Commission

(Application for interim measures - State aid - Tax scheme exempting excess profits of a number of multinational companies - Exemption granted on the basis of tax rulings - Decision declaring scheme to be aid incompatible with the internal market and ordering recovery of the aid - Application for suspension of operation of a measure - No urgency)

Summary - Order of the President of the General Court, 19 July 2016

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 court hearing the application for interim relief - Balancing of all the interests involved

   (Arts 256(1) TFEU, 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 156(3))

2. Application for interim measures - Suspension of operation of a measure - Interim measures - Conditions for granting - Urgency - Serious and irreparable damage - Burden of proof - Obligation to provide concrete and precise indications, supported by detailed documentary evidence

   (Arts 278 TFEU and 279 TFEU)

3. Application for interim measures - Suspension of operation of a measure - Interim measures - Conditions for granting - Urgency - Serious and irreparable damage - Damage that can be pleaded by a Member State - Obligation to establish that, without the interim measure, State functions, public order or an entire sector of the economy would be seriously affected - No need to prove urgency - Prima facie case - No impact on the obligation to examine urgency separately

   (Arts 278 TFEU and 279 TFEU)

4. Application for interim measures - Suspension of operation of a measure - Conditions for granting - Balancing of all the interests involved - Commission decision ordering recovery of State aid - Public interest defended by the Commission and the interest of the beneficiary of the aid - No urgency or exceptional circumstances - Primacy of the public interest

   (Arts 108(2) TFEU and 278 TFEU)

1. See the text of the decision.

   (see paras 12-14) 2. See the text of the decision.

   (see paras 22, 23) 3. The Member States are responsible for those...