Order of the President of the General Court of 20 August 2014 — Gmina Miasto Gdynia and Port Lotniczy Gdynia Kosakowo v Commission
(Case T‑215/14 R)
Interim proceedings — State aid — Airport infrastructure — Public finance granted by the local authorities to a regional airport — Decision declaring the aid incompatible with the internal market and ordering its recovery — Application for suspension of operation — 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 — Discretion of the court hearing the application for interim relief (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 17,18)
2. Application for interim measures — Suspension of operation of a measure — Interim measures — Conditions for granting — Urgency — Commission decision ordering recovery of State aid — Decision addressed to the Member State and not to the beneficiary — Account taken of national implementing measures — Non-binding measures — No urgency (Arts 278 TFEU, 279 TFEU and 288, fourth para., TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 37, 40-44)
3. Application for interim measures — Suspension of operation of a measure — Conditions for granting — Urgency — Serious and irreparable damage — Commission decision ordering recovery of State aid — Whether there exists any means of obtaining legal redress before the national court against national implementing measures — Power of the EU judicature to take such means of redress into consideration when assessing whether the application for interim measures is well founded — Not irreparable (Art. 278 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 46, 47, 51-54)
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 — No exceptional circumstances — Primacy of the public interest (Arts 108(2) TFEU and 278 TFEU; Council Regulation No 659/1999, Art. 7) (see paras 60-62, 65)
Re:
| APPLICATION to suspend operation of Commission Decision C(2014) 759 final of 11 February 2014 relating to measure SA.35388 (2013/C) (ex 2013/NN and ex 2012/N) — Poland — Conversion of the Gdynia-Kosakowo airport. |
Operative part
1. | | The application for interim measures is dismissed. |