Order of the President of the General Court of 13 June 2014 —
SACE and Sace BT v Commission
(Case T‑305/13 R)
Application for interim measures — State aid — Capital injections in favour of an insurance company by its public holding company — Decision declaring the aid incompatible with the internal market and ordering its recovery — Application for suspension of operation of the decision — Prima facie case — 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 — Balancing of all the interests involved — Order of examination and method of verification — Discretion of the court 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 16-18)
2. Application for interim measures — Suspension of operation of a measure — Conditions for granting — Prima facie case — Examination prima facie of the pleas in law put forward in support of the main action — Action against a decision of the Commission declaring aid incompatible with the internal market and ordering its recovery — Plea concerning imputability to the State of the contested measures — Plea not prima facie lacking in foundation (Arts 107(1) TFEU and 278 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 20-32)
3. Application for interim measures — Suspension of operation of a measure — Conditions for granting — Urgency — Serious and irreparable damage — Financial loss — Situation liable to endanger the existence of the applicant company (Art. 278 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 41-48)
4. Application for interim measures — Suspension of operation of a measure — Conditions for granting — Balancing of all the interests involved — Commission decision ordering recovery of State aid — Public interest defended by the Commission and interest of the aid beneficiary — Exceptional circumstances — Partial suspension of implementation (Arts 108(2) TFEU and 278 TFEU; Council Regulation No 659/1999, Art. 14(1); Rules of Procedure of the General Court, Art. 104(2)) (see paras 49-55)
5. Application for interim measures — Suspension of operation of a measure — Interim measures — Modification or setting aside — Condition — Variation or cancellation — Concept (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 108) (see para. 56)
Re:
| APPLICATION seeking the suspension of the operation of Commission Decision C(2013) 1501 final of 20 March 2013 on the measures SA.23425 (2011/C) (ex NN 41/2010) implemented by Italy in 2004 and 2009 for SACE BT S.p.A. |
Operative part
1. | | The Order of 28 February 2014 in Case T‑305/13 R is cancelled. |
2. | | The operation of Article 5 of Commission Decision C(2013) 1501 final of 20 March 2013 on the measures SA.23425 (2011/C) (ex NN 41/2010) implemented by Italy in 2004 and 2009 for SACE BT S.p.A. is suspended in so far as the Italian authorities are obliged to recover from that company an amount in excess of EUR [confidential]. |