Order of the President of the General Court of 13 February 2012 —
Dansk Automat Brancheforening v Commission
(Case T‑601/11 R)
Interim measures — State aid — Danish law instituting lower duties for providers of online gaming — Decision declaring the aid compatible with the internal market — Application for suspension of operation — Lack of urgency — Weighing up 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 — Weighing-up of the interests — 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 16‑18)
2. Application for interim measures — Suspension of operation of a measure — Conditions for granting — Urgency — Serious and irreparable damage — Damage capable of affecting a general economic sector — Action brought not by a public law body but by individuals — Obligation to claim individual damage (Art. 278 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 25‑27)
3. Application for interim measures — Suspension of operation of a measure — Conditions for granting — Serious and irreparable damage — Burden of proof — Financial loss (Art. 278 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 28, 29, 36, 37, 43, 44)
4. Application for interim measures — Suspension of operation of a measure — Conditions for granting — Balancing of all the interests involved — Meaning (Art. 278 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see para. 47)
5. Application for interim measures — Suspension of operation of a measure — Conditions for granting — Serious and irreparable damage — Financial loss — Damage which may subsequently be made good by compensation or by means of an action for damages — Damage which cannot be regarded as irreparable (Arts 268 TFEU, 278 TFEU and 340 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see para. 48)
Re:
| APPLICATION for suspension of operation of Commission Decision C(2011) 6499 final of 20 September 2011 on measure No C 35/2010 (ex N 302/2010) which the Kingdom of Denmark was planning to implement in the form of duties for online gaming in the Danish Gaming Duties Act. |
Operative part
1. | | The application for interim measures is dismissed. |