Order of the President of the General Court of 15 March 2010 – GL2006 Europe v Commission and OLAF

(Case T-435/09 R)

Application for interim measures – Community programmes for research and technological development – Arbitration clause – Order for recovery – Debit note – Application for suspension of operation of a measure – Financial loss – No exceptional circumstances – No urgency

1.                     Procedure – Application initiating proceedings – Application for interim measures – Identification of the defendant (Rules of Procedure of the General Court, Art. 44(1)) (see paras 16-17)

2.                     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 256(1) TFEU, 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 27-29)

3.                     Application 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 – Burden of proof (Art. 278 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 31-33)

4.                     Application 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 having regard to the situation of the group to which the company belongs – Application to a natural person exercising control over that company (Art. 278 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 35-37)

Re:

APPLICATION for suspension of the operation of the decision contained in the Commission’s letter of 10 July 2009 terminating the applicant’s participation in two Community projects and the debit notes issued on 7 August 2009 by which the Commission claimed repayment of sums paid pursuant to Community projects in which the applicant participated.

Operative part

1. The European Commission shall be regarded as the sole defendant.

2. The application for interim measures is dismissed.

3. The costs are reserved.