Provisional text
Order of the President of the General Court 7 April 2016 —
ADR Center v Commission
(Case T‑364/15 R)
Application for interim measures — Arbitration clause — Agreements concluded for the purpose of carrying out projects subsidised by the European Union within the framework of the ‘Civil Justice’ programme — Enforceable decision of the Commission to recover the sums paid — Application for suspension of operation of a measure — Lack of 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, 279 TFEU and 299, fourth para, TFEU; Rules of Procedure of the General Court, Arts 156(3), and 161(1)) (see paras 17-19)
2. Application for interim measures — Suspension of operation of a measure — Interim measures — Conditions for granting — Urgency — Serious and irreparable damage — Burden of proof — Financial loss — Obligation to provide concrete and precise indications, supported by detailed documentary evidence — Situation liable to endanger the existence of the applicant company — Assessment having regard to the situation of the group to which the applicant company belongs (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 156(3)) (see paras 26-30, 32, 34-36, 38, 39)
Re:
| APPLICATION to suspend the enforcement of Commission Decision C(2015) 3117 final of 4 May 2015 concerning the recovery of a sum of EUR 432 637.97, plus interest, owed by ADR Center Srl with reference to debit notes Nos 3241408192 and 3241409206 relating to EUR 155 507.97 and EUR 277 130 respectively. |
Operative part
1. | | The application for interim measures is dismissed. |
2. | | The order of 22 January 2016 is cancelled in so far as it relates to Case T‑364/15 R. |