Order of the President of the General Court of 22 July 2010 – Fondation IDIAP v Commission
(Case T-286/10 R)
Application for interim measures – Sixth framework programme for research, technological development and demonstration actions – Letter confirming the findings of a financial audit – Application for suspension of operation and for interim measures – 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 – Discretion of the judge dealing with the application for interim relief (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 9-11)
2. Application for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency – Serious and irreparable damage – Burden of proof – Realisation of the damage dependent on future and uncertain events – No urgency (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 21-26)
3. Application for interim measures – Conditions for admissibility – Application – Formal requirements – Statement of the pleas in law establishing a prima facie case for granting the measures sought (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2) and (3)) (see paras 27-28)
Re:
| Essentially, application for suspension of operation of the Commission’s letter of 11 May 2010 confirming the findings of the audit concerning the breakdowns of costs submitted by the applicant, in respect of the period from 1 October 2006 to 30 September 2007 as regards the Amida project and in respect of the period from 1 January 2006 to 31 December 2007 as regards the Bacs and Dirac projects. |
Operative part
1. | | The application for interim measures is dismissed. |