Order of the President of the General Court of 8 January 2010 – Escola Superior Agrária de Coimbra v Commission

(Case T-446/09 R)

Interim measures – Programme Life – Reimbursement of a part of the amounts paid – Recovery order – Debit note – Application for suspension of enforcement – Financial loss – Exceptional circumstances – Lack of urgency

1.                     Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Prima facie case – Urgency – Serious and irreparable damage – 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 12-14)

2.                     Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Urgency – Serious and irreparable damage capable of arising at any moment – Concept – Burden of proof (Art. 278 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see para. 17)

3.                     Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Serious and irreparable damage – Financial loss – Situation capable of seriously compromising the carrying out by a public educational establishment of its public service functions (Art. 278 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 21, 25-33)

Re:

APPLICATION for suspension of operation of the decisions contained, respectively, in Commission letter D (2009) 224268 of 9 September 2009, concerning a recovery order, and Commission debit note No 3230909105 of 11 September 2009 for an amount of EUR 327 500.35.

Operative part

1.      The application for interim measures is dismissed.

2.      Costs are reserved.