Order of the President of the General Court of 9 July 2010 – Alcoa Trasformazioni v Commission
(Case T-177/10 R)
Interim measures – State aid – Preferential electricity tariffs – Decision declaring the aid incompatible with the common market and ordering its recovery – Application for suspension of operation of a measure – No 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 – Order of examination and method of verification – 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 17-18)
2. Application for interim measures – Suspension of operation of a measure – Conditions for granting – Urgency – Serious and irreparable damage – Burden of proof – Financial loss – Situation which could jeopardise the existence of the applicant company – Assessment having regard to the situation of the group to which the applicant company belongs (Art. 278 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 38-50)
3. Application for interim measures – Suspension of operation of a measure – Conditions for granting – Urgency – Serious and irreparable damage – Burden of proof – Financial loss – Situation which could jeopardise the existence of the applicant company – Assessment having regard to the situation of the group to which the applicant company belongs (Art. 278 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 51-55)
4. Application for interim measures – Suspension of operation of a measure – Conditions for granting – Serious and irreparable damage – Commission decision ordering recovery of State aid – National implementing measures – National rights of action – Effect (Art. 278 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see para. 57)
5. Application for interim measures – Suspension of operation of a measure – Conditions for granting – Urgency – Serious and irreparable damage – Financial loss – Loss capable of full remedy in an action for compensation – Not irreparable (Arts 268 TFEU, 278 TFEU and 340 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see para. 58)
6. Application for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Balancing of all the interests involved – Decision on the recovery of State aid – Public interest defended by the Commission and the interest of the beneficiary of the aid – No exceptional circumstances – Primacy of the public interest (Art. 88(2) EC; Arts 278 TFEU and 279 TFEU) (see paras 61-64)
Re:
| APPLICATION for suspension of operation of Commission decision C(2009) 8112 final of 19 November 2009 on the State aid C 38/A/2004 (ex NN 58/2004) and C 36/B/2006 (ex NN 38/2006) implemented by the Italian Republic in favour of Alcoa Trasformazioni. |
Operative part
1. | | The application for interim measures is dismissed. |