Order of the President of the General Court of 9 June 2011 – DTS Distribuidora de Televisión Digital v Commission
(Case T-533/10 R)
Interim measures – State aid – Alteration of the funding scheme of the Spanish radio and television broadcasting organisation (RTVE) – Commission decision declaring the new funding scheme compatible with the internal market – Application for suspension of operation – No urgency
1. Applications 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 judge hearing the application for interim relief (Arts 256(1) TFEU, 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 21-23)
2. Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Urgency – Serious and irreparable damage – Burden of proof – Financial loss – Damage which may subsequently be made good – Damage which cannot be regarded as irreparable (Art. 278 TFEU) (see paras 26-27, 29-30)
3. Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Urgency – Serious and irreparable damage – Financial loss – Situation which could jeopardise the existence of the applicant company – Assessment by reference to the situation of the group to which that company belongs (Art. 278 TFEU) (see para. 35)
4. Applications 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 (Art. 278 TFEU) (see para. 40)
5. Applications for interim measures – Suspension of operation of a measure – Conditions for granting (Art. 278 TEU) (see para. 55)
Re:
| APPLICATION for suspension of the operation of Commission Decision 2011/1/EU of 20 July 2010 on the State aid scheme C 38/09 (ex NN 58/09) which Spain is planning to implement for RTVE (OJ 2011 L 1, p. 9). |
Operative part
| | 1.The application for interim measures is dismissed. |