Orders (Information) nº T-901/16 of Tribunal General de la Unión Europea, May 15, 2018

• Resolution Date: May 15, 2018
• Issuing Organization: Tribunal General de la Unión Europea
• Decision Number: T-901/16

Order of the President of the of the General Court of 15 May 2018 - Elche Club de Fútbol v Commission

(Case T-901/16 R)

(Application for interim measures - State aid - Aid granted by Spain to certain professional football clubs - Public guarantee provided by a public entity - Decision declaring the aid incompatible with the internal market - Application for suspension of operation of a measure - Prima facie case - 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 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(4))

   (see paras 51-54) 2. Application for interim measures - Suspension of operation of a measure - Conditions for granting -Fumus boni juris - Prima facie examination of the pleas in law put forward in support of the main action - Action against a Commission decision declaring the aid incompatible with the internal market and ordering its recuperation - Pleas revealing the existence of complex legal questions - Pleas not prima face unfounded

   (Arts 107 TFEU and 278 TFEU)

   (see paras 56, 66-68) 3. Application for interim measures - Suspension of operation of a measure - Interim measures - Conditions for granting - Urgency - Serious and irreparable damage - Burden of proof - Financial loss - Obligation to provide concrete and precise indications, supported by detailed documentary evidence - Situation capable of jeopardising the financial viability of the applicant company - Applicant company subject to insolvency proceedings - Assessment having regard to the situation of the group to which the applicant company belongs - Declared urgency

   (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 156(4))

   (see paras 69-73, 75, 77, 85, 94, 99, 107, 108, 115, 118, 119) 4. Application for interim measures - Admissibility criteria - Application - Formal requirements - Pleas establishing a prima facie case for the measures applied for

   (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 156(4) and (5))

   (see paras 74, 76) 5. Application for interim measures - Admissibility criteria - Suspension of the operation of a...