Order of the President of the General Court of 29 August 2013 —
France v Commission
(Case T‑366/13 R)
Interim relief — State aid — Aid implemented in favour of companies responsible for the public service of providing maritime transport services between Corsica and Marseille — Compensation paid in respect of additional services provided to cover peak periods during the tourist season — Decision classifying that aid as incompatible with the internal market and ordering the recovery of that aid from the recipients — Application for stay of execution — No urgency
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 — Balancing of all the interests involved — Order of examination and method of verification — Discretion of the court hearing the application for interim relief (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 14-16)
2. 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 — Whether the risk materialises dependent on uncertain, future events — No urgency (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 24, 34, 37, 42, 50, 56)
3. Application for interim measures — Suspension of operation of a measure — Interim measures — Conditions for granting — Serious and irreparable damage — Harm that can be pleaded by a Member State (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see para. 25)
4. Application for interim measures — Suspension of operation of a measure — Interim measures — Conditions for granting — Urgency — Commission decision ordering recovery of State aid — Decision addressed to the Member State and not to the beneficiary — Account taken of national implementing measures — Non-binding measures — No urgency (Arts 278 EU, 279 TFEU and 288, fourth para., TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 29, 41, 56)
5. Application for interim measures — Community law — Suspension of the operation of a decision ordering the recovery of State aid — Whether there exists any means of obtaining legal redress before the national court against national implementing measures — Power of the EU judicature to take such remedies into account when assessing the substance of the application for interim measures (Art. 278 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 44-47)
Re:
| APPLICATION for stay of execution of Decision C(2013) 1926 final of the European Commission of 2 May 2013 on State aid No SA.22843 (2012/C) (ex 2012/NN) implemented by France in favour of the Société nationale Corse Méditerranée and the Compagnie méridionale de navigation. |
Operative part
1. | | The application for interim relief is dismissed. |