Order of the President of the Court of First Instance of 23 January 2009 – Pannon Hőerőmű v Commission
(Case T-352/08 R)
Interim measures – State aid – Commission decision declaring State aid granted by Hungary in favour of certain electricity producers by way of electricity purchasing agreements incompatible with the common market – Application for stay of execution – Lack of 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 judge dealing with the application for interim relief (Arts 225 EC, 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 10-13)
2. Application for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency – Serious and irreparable damage – Burden of proof – Purely hypothetical damage based on the occurrence of future and uncertain events (Arts 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 27-28, 30, 33)
3. Application for interim measures – Conditions of admissibility – Application – Formal requirements – Statement of the pleas in law establishing a prima facie case for granting the measures sought – Lodging of an additional memorandum in order to remedy deficiencies – Incompatibility with the procedure (Arts 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Arts 104(2) and (3), and 109) (see paras 31-32)
4. Application for interim measures – Suspension of operation of a measure – Conditions for granting – Serious and irreparable damage – Financial loss (Arts 242 EC and 288 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 40, 54)
5. Application for interim measures – Suspension of operation of a measure – Conditions for granting – Balancing of all the interests involved – Decision on State aid (Arts 88(2) EC, 242 EC and 243 EC) (see paras 58-59)
Re:
| APPLICATION for stay of execution of Article 2 of Commission Decision C(2008) 2223 final of 4 June 2008 on State aid granted by the Republic of Hungary by way of electricity purchasing agreements. |
Operative part
1. | | The application for interim measures is dismissed. |