Order of the President of the General Court of 18 September 2014 — Frucona Košice v Commission
(Case T‑103/14 R II)
Application for interim measures — State aid — Alcohol and spirits — Cancellation of a tax debt in a collective bankruptcy procedure — Decision declaring the aid incompatible with the internal market and ordering its recovery — Application for suspension of operation of a measure — Lack of any urgency — Prima facie case not made out
1. Application for interim measures — Suspension of operation of a measure — Dismissal of application — Possibility of introducing a fresh application — Condition — New facts — Concept — Condition for granting the interim measure — Capacity of new facts to call into question the assessments which determined the dismissal of the first application (Art. 278 TFEU; Rules of Procedure of the General Court, Art. 109) (see para. 12)
2. 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 — Weighing-up of the interests — 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 14-25)
Re:
| APPLICATION for suspension of the operation of Commission Decision C(2013) 6261 final of 16 October 2013 on State aid SA.18211 (C 25/2005) (ex NN 21/2005), implemented by the Slovak Republic for Frucona Košice a.s., in so far as it orders the Slovak Republic to recover the aid. |
Operative part
1. | | The application for interim measures is dismissed. |