Order of the President of the Court of First Instance of 23 December 2008 – AES‑Tisza v Commission
(Case T-468/08 R)
Application for interim measures – State aid – Commission decision declaring aid awarded by the Republic of Hungary to certain electricity producers through power purchase agreements to be incompatible with the common market – Application for suspension of operation – Lack of urgency – Weighing up of interests
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 (Arts 225 EC, 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 10-13)
2. Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Serious and irreparable damage – Burden of proof – Financial loss (Art. 242 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 28-29, 35-39, 42, 45-47)
3. Applications for interim measures – Conditions of admissibility – Application – Formal requirements – Statement of the pleas in law establishing a prima facie case for granting the measures sought (Arts 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Arts 104(2) and (3) and 109) (see paras 30-31)
4. Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Balancing of all the interests involved – Decision on State aid (Arts 88(2) EC and 242 EC; Rules of Procedure of the Court of First Instance, Art. 104(2); Council Regulation No 659/1999, Art. 7) (see paras 61-62)
Re:
| APPLICATION for suspension of the operation of Article 1 of Commission Decision C(2008) 2223 final of 4 June 2008 on the State aid awarded by the Republic of Hungary through power purchase agreements. |
Operative part
1. | | The application for interim relief is dismissed. |