Order of the President of the General Court of 5 July 2013 —
Zweckverband Tierkörperbeseitigung v Commission
(Case T‑309/12 R)
Interim measures — Payment of contributions to an association governed by public law — State aid — Obligation to recover — Application to suspend enforcement — 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 256(1), TFEU, 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 21-23)
2. Application for interim measures — Suspension of operation of a measure — Conditions for granting — Urgency — Serious and irreparable damage — Financial loss — Situation which could jeopardise the existence of the applicant company — Public law body not liable to insolvency by virtue of national law — Not irreparable (Art. 278 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 36, 37)
3. Application for interim measures — Suspension of operation of a measure — Conditions for granting — Urgency — Serious and irreparable damage — 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 38-40)
4. Application for interim measures — Suspension of operation of a measure — Conditions for granting — Urgency — Serious and irreparable damage — Financial loss — Situation capable of seriously compromising the exercise by a public law body of its public service tasks — Possibility of other public bodies guaranteeing the public service task — Not irreparable (Art. 278 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 45-47)
5. Application for interim measures — Suspension of operation of a measure — Conditions for granting — Urgency — Serious and irreparable damage — Financial loss — Public law body acting in the performance of its public service tasks, without profit motive — Not irreparable (Art. 278 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see para. 49)
Re:
| APPLICATION for suspension of enforcement of Commission Decision (2102/485/EU) of 25 April 2012 on State aid SA.25051 (C 19/10) (ex NN 23/2010) granted by Germany to the Zweckverband Tierkörperbeseitigung in Rhineland-Palatinate, Saarland, Rheingau-Taunus-Kreis and Landkreis Limburg-Weilburg (OJ 2012 L 236, p. 1). |
Operative part
1. | | The application for interim measures is dismissed. |