Order of the President of the General Court of 16 October 2013 —
Comunidad Autónoma del País Vasco and Itelazpi v Commission
(Case T‑462/13 R)
Application for interim measures — State aid — Decision declaring aid to be incompatible with the internal market and ordering its recovery and the cancellation of any outstanding payments — Application for suspension of operation — Failure to show 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 15-17)
2. Application for interim measures — Suspension of operation of a measure — Interim measures — Conditions for granting — Urgency — Serious and irreparable damage — Burden of proof — Commission decision ordering recovery of State aid — No situation likely seriously to compromise the achievement by a public-law territorial entity below State level of its public service tasks (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 23, 24)
3. 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 29-31, 39)
4. 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 34-36)
Re:
| APPLICATION for suspension of operation of Articles 3 and 4 of Commission Decision C(2013) 3204 final of 19 June 2013 on State aid SA.28599 (C 23/2010) (ex NN 36/2010, ex CP 163/2009) implemented by the Kingdom of Spain for the deployment of digital terrestrial television in remote and less-urbanised areas (other than Castilla-La Mancha). |
Operative part
1. | | The application for interim measures is dismissed. |