Order of the President of the General Court of 9 June 2010 – COLT Télécommunications France v Commission

(Case T-79/10 R)

Application for interim measures – State aid – Operation of a very-high-speed broadband electronic communications network – Compensation for public service costs – Decision finding that the notified measure does not constitute aid – Application for suspension of operation of a measure – Lack of urgency

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 (Arts 256(1) TFEU, 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 13-16)

2.                     Application for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency – Serious and irreparable damage – Burden of proof – Financial loss – Irremediable change in market share – Included (Arts 256(1) TFEU, 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 30, 36-39, 41)

3.                     Application for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Serious and irreparable damage – Financial loss – Loss capable of being remedied by the award of compensation in the main action (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see para. 44)

Re:

APPLICATION for suspension of operation of Commission Decision C(2009) 7426 final of 30 September 2009 on a plan to grant compensation for public service costs of EUR 59 million for the establishment and operation of a very-high-speed broadband electronic communications network in the department of Hauts-de-Seine (France).

Operative part:

1.      The application for interim measures is dismissed.

2.      Costs are reserved.