Order of the President of the General Court of 14 October 2011 – Rousse Industry v Commission
(Case T-489/11 R)
Application for interim measures – State aid – Decision declaring aid to be incompatible with the common market and ordering its recovery – Application for suspension of operation – Failure to have regard to formal requirements – Inadmissibility
1. Applications for interim measures – Conditions for admissibility – Application – Formal requirements – Statement of the pleas in law establishing a prima facie case for granting the measures sought – Lodging of an additional pleading to remedy deficiencies – Incompatibility with proceedings for interim measures (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 5-6, 15-16)
2. Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Urgency – Serious and irreparable damage – Burden of proof – Financial loss – Damage which may subsequently be made good – Damage which cannot be regarded as irreparable (Art. 278 TFEU) (see paras 8-9, 12-13)
3. Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Main action seeking annulment of a Commission decision ordering repayment of State aid – Existence before the national court of remedies against the national implementing measures – Possibility of avoiding serious and irreparable damage (Art. 278 TFEU) (see para. 14)
Re:
| APPLICATION for suspension of operation of Commission Decision C(2011) 4903 final of 13 July 2011 declaring incompatible with the internal market the aid granted by Bulgaria in favour of Rousse Industry in the form of rescheduling of debts owed to the State (State aid C 12/2010 and N 389/2009) in so far as that decision orders the recovery of that aid from the applicant. |
Operative part
1. | | The application for interim measures is dismissed. |