Order of the President of the Court of First Instance of 11 October 2007 – MB Immobilien v Commission
(Case T-120/07 R)
Interim measures – State Aid to the new Länder – Obligation to recover aid – Application for suspension of operation of a measure – Urgency – Balancing of interests
1. Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Urgency – Serious and irreparable damage – Burden of proof – Financial loss – Situation which could jeopardise the existence of the applicant company – Assessment having regard to the company’s group situation – Control held by a natural person not a legal person – Not relevant (Art. 242 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 33-38)
2. Applications 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 (Art. 242 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 45-46)
Re:
| APPLICATION for suspension of operation of Commission Decision 2007/492/EC of 24 January 2007 on State Aid No C 38/2005 (ex NN 52/2004) implemented by Germany for the Biria-Gruppe (OJ 2007 L 183, p. 27). |
Operative part
1. | | The application for interim measures is dismissed. |